LIBRARY OF CONGRESS, 

l ^Je/f 2{!&:L. I 

I — I nn\ 

i UNITED STATES OP AMERICA, f 



THE 



GOVERNMENT CLASS BOOK 



DESIGNED FOB 



THE INSTRUCTION OF YOUTH 



■rinciples of CaiistifutioiKtl dobernmml 




AND 



TiEE RIGHTS AND DUTIES OF CITIZENS. 



BY ANDREW W. YOUNG, 

Author c " First Lessons in Civil Government," "American Statesman,' 
" Citizen's Manual of Government and Law." 



^875 . 



1875 



NEW YORK: 
OLARK & MAYNARD, PUBLISHERS, 



No. 5 BARCLAY STREET. 






Copyright, 1873, CLARK & MAYNARD. 



qc\„ ^^)Z2 



PREFACE. 



The utility of the diffusion of political knowledge among 
a people exercising the right of self-government, is univer- 
sally admitted. The form of government established by 
the people of the United States, though well adapted to 
promote the general welfare, is highly complicated ; and 
the knowledge requisite to administer it successfully can not 
be acquired without much study. From the fact that a large 
portion of the American people are greatly deficient in this 
knowledge, we may justly conclude that it will never be- 
come general, until it shall have been made an object of 
school instruction. 

The administration of the government of this great and 
rapidly increasing republic, will, in a few years, devolve 
upon those who are now receiving instruction in the public 
schools. Yet thousands annually complete their school ed- 
ucation, who have never devoted any time to the study of 
the principles of the government in which they are soon 
to take a part — who become invested with political power 
without the preparation necessary to exercise it with discre- 
tion. The schools are regarded as the nurseries of our fu- 
ture statesmen. They share largely in the bounty of the 
state ; yet few of them render in return even the rudiments 
of political science to those who are to become her legisla- 
tors, and governors, and judges. Not only in the common 
schools generally, but in a large portion of the high schools 
and seminaries, this science is not included in the course 
of instruction. 

To many of the most enlightened friends of education 
and of cur free institutions, it has long been a matter of 



IV PREFACE. 

surprise as well as regret, that those to whom the educa- 
tional interests of the states are more immediately intrust- 
ed, should so long have treated the study in question as of 
minor importance, or have suffered it to be excluded by 
studies of far less practical utility. The Regents of the 
University of the State of New York have repeatedly no- 
ticed the neglect of this study in the academies and semi- 
naries subject to their visitation ; and they mention it as a 
remarkable fact, that in many of them preference is given 
to the study of the Grecian and Roman antiquities. They 
say : " The constitutions, laws, manners, and customs of 
ancient Greece and Rome are made subjects of regular 
study, quarter after quarter, while our own constitutional 
jurispr^v.?^; and the every day occurring principles of 
our civil jurisprudence, are not admitted as a part of the 
icademic course !" 

To persons who are to engage in any of the industrial or 
professional pursuits, a preparatory course of training or 
discipline is deemed indispensable to success. Yet many 
assume the weighty responsibilities of freemen, and allow 
their sons to do the same, with scarcely any knowledge of 
a freeman's duties. On the intelligent exercise of political 
power, the public prosperity and the security of our liber- 
ties mainly depend. Every person, therefore, who is en. 
titled to the rights of a citizen, is justly held responsible foi 
the proper performance of his political duties. And any 
course of popular instruction which fails to impart a knowl- 
edge of our system of government, must be materially de- 
fective. 

With a view to supply this deficiency, the author, many 
years since, prepared his " Introduction to the Science of 
Government." This work soon attained considerable pop- 
ularity, both as a class book in schools, and as a book for 
urivate reading and reference for adults. Not being deem 



PREFACE. V 

ed, however, sufficiently d&rmntary for the children and youth 
in most of our common schools, another work, entitled, 
" First Lessons in Civil Government," was written to meet 
the capacities of younger or less advanced scholars than 
those for whom the previous work was designed. 

The favorable reception of these works by the public, 
and the assurances of their usefulness to thousands who 
have studied them, are to the author a source of high grat- 
ification, and an ample reward for many years of arduous 
labor. The value of these works has, however, been in a 
measure impaired by changes in the government and laws 
since the time of their first publication. The latter, espe- 
cially, descending so minutely into the details of the gov- 
ernment of the state for which alone it is intended, requires 
frequent revisions. 

It has occurred to the author that a new work, more per- 
manent in the character of its matter, and adapted for use 
in all the states, is demanded to supply the deficiency in 
the present course of education. Stimulated by a desire tc 
bear some part in laying a solid foundation for our republi- 
can institutions, and encouraged by the success of his for- 
mer labors in this department of education, he has, after a 
suspension of several years, resumed his efforts in this en- 
terprise, in the hope that, with the cooperation of teachers, 
and those having official supervision of the schools, it may 
be carried forward to an early consummation ; when the 
principles of government shall be made a subject of regu- 
lar study in the schools, and the elements of a sound politi- 
cal education shall be accessible to the mass of American 
youth. And he flatters himself, that the attention he has 
given to this subject has enabled him to prepare a work 
adapted, in a good degree, to meet the existing want of the 
schools. 

Many words and phrases, as they occur in the course of 



VI PEEFACE. 

the work, have been defined j and an attempt has been made 
to explain the several subjects in such a manner as to ren- 
der them intelligible to youth. 

The object which it is the purpose of this work to aid in 
effecting, claims the earnest attention of parents. Every 
father, at least, is bound to see that his sons have the means 
of acquiring a good political education. He can not inno- 
cently suffer them to pass from under his guardianship un- 
prepared to discharge their political duties. 

The study of this work nhould not be confined to male 
pupils. It has long been considered a striking defect in our 
system of education, that females are not more generally 
instructed in the principles of civil government, and in 
matters of business. Although they take no active part in 
public affairs, the knowledge here commended would enable 
them to exert a far more powerful and salutary influence 
upon our national character and destiny. As wives, 
mothers, teachers, and especially as counselors of the other 
sex, they could apply this knowledge to valuable purposes. 
And the question is submitted, whether it would not con- 
tribute more to their usefulness than some of those accom- 
plishments which form so large a part of a modern female 
education, and which are usually lost amidst the cares oi 
married life., 

To preserve and transmit the blessings of constitutional 
liberty, we need a healthful patriotism. But a genuine love 
of country is hardly to be expected where there is not a 
proper appreciation of our political institutions, which give 
it its preeminence among nations. And how can they be 
duly appreciated if they are not understood ? It has been 
one of the objects of the writer to bring to view the chief 
excellencies of our system of government, and thus to lay 
in the minds of youth, the basis of an enlightened and con- 
servative patriotism. 



TO TEACHERS. Vll 

That this work, as an elementary treatise on civil gov- 
ernment, is not susceptible of improvement, is not pretend- 
ed. Such as it is, it is submitted to the judgment of a can- 
did public. If it shall prove in any considerable degree 
useful, the author's highest expectations will have been 
realized 



TO TEACHERS 



To the meritorious, though often undervalued labors of the 
instructors of American youth, is our country greatly in- 
debted for the successful working of its system of free gov- 
ernment •, and upon the labors of their successors rest, in 
an equal degree, all well-founded hopes of its future politi- 
cal prosperity. 

The general introduction and profitable study of this 
work, depend much upon a hearty and active cooperation of 
teachers in the enterprise which it is intended to promote. 
From all who desire to make themselves in the highest de- 
gree useful in their profession, such cooperation is confident- 
ly anticipated. 

The advantage of instructing a class in civil government, 
is not confined to the pupils. The teacher will find the ex- 
ercise both interesting and profitable to himself. Although 
pains have been taken to adapt the work to the capacities 
of youth, the definition of many terms and phrases, and the 
further explanation of many subjects, have necessarily been 
left to be supplied by teachers. The study and investiga- 
tion which may in some cases be required to qualify them 



•All TO TEACHERS. 

for the task, will be amply rewarded by their own advance* 
men* in political knowledge. 

No intelligent teacher, it is presumed, will object to the 
introduction of this study, on the ground that there is not 
sufficient time or room for an additional exercise. Useful 
as all the branches now taught may be justly deemed, all 
of them are not, as is a knowledge of government, indispen- 
sable to the security of our liberties. The latter is of far 
greater importance to an American citizen, than a knowl- 
edge of some portions of arithmetic and the higher mathe- 
matics ; and in the opinion of some distinguished educators 
the time now devoted to these, in many schools, is sufficient 
to acquire a tolerable political education. It is believed, 
however, that this study need not exclude, or essentially in- 
terfere with, any of the studies pursued in the schools gen- 
erally. By the more advanced scholars in the common 
schools, the work may be used as a reading book, and thus 
a two-fold advantage be gained from its use. 

To assist the more inexperienced teachers in conducting 
the exercise, a few questions have been appended to the 
chapters. Questions may be added by the teachers at 
pleasure, or to such extent as may be thought necessary. 
And it is believed the recitations may be made more profit- 
able to pupils, by requiring them, so far as may be, to give 
answers in their own words. To some of the printed ques- 
tions, no answers are furnished by the chapters and sections 
referred to. 



CONTENTS. 

PRINCIPLES OF GOVERNMENT. 

CHAPTER I. 

PACTS 
Mankind fit:ed for Society, and for Civil Government and Laws, - 15 

CHAPTER II. 
Rights and Liberty, defined, - - - - - - - . lg 

CHAPTER III. 

Laws defined, -----------20 

CHAPTER IV. 
Different Forms of Government. Monarchy ; Aristocracy ; Democracy ; Re- 
public, .... 23 

STATE GOVERNMENTS. 

CHAPTER V. 
The Nature and Objects of a Constitution, and the manner in which it ia 
wade, 20 

CHAPTER VI. 
Qualifications of Electors ; or, by whom Political Power is exercised in the 
States of this Union, -...29 

CHAPTER VII. 

Elections, - - - - - - - - - - - - 32 

CHAPTER VIII. 
Division of the Powers of Government, • - - . 3g 

CHAPTER IX. 

states Legislatures — how constituted, -., - - - » - - 37 

CHAPTER X. 

Meetings and Organization of the Legislature, • - 40 

CHAPTER XI. 
Marner of Enacting Laws,^- --------43 

9 



s CONTENTS. 

CHAPTER XII. 

PAGE. 

Executive Department. Governor and Lieutenant Governor, 48 

CIUPTEF XIII. 

Assistant Executive State Officers, -------50 

CHAPTER XIV. 

Counties and County Officers. Powers and Duties of County Officers, - 63 

CHAPTER XV. 
Towns and Town Officers. Powers and Duties of Town Officers, - - 56 

CHAPTER XVI. 
Incorporation and Government qf Cities, Villages, Ac., &9 

CHAPTER XVII. 
Judicial Department. Justices' Courts, ------ 63 

CHAPTER XVIII. 
Trial by Jury ; Execution; Attachment ; Appeals; Arrest of Offenders, - 66 

CHAPTER XIX. 
Courts other than Justices' Courts; Grand and Petit Juries, &c, 70 

CHAPTER XX. 
Chancerv or Equity Courts ; Probate Courts ; Court of Impeachment, - 73 

CHAPTER XXI. 

Assessment and Collection of Taxes, - . - . . 75 

CHAPTER XXII. 

Education. School Funds ; Schools, &c, - - - - . « • fy 

CHAPTER XXIII. 
Canals and Railroads, ------ ---.,82 

CHAPTER XXIV. 
Banks and Insurance Companies, ....... gg 

CHAPTER XXV. 
The Militia, ... 30 

GOVERNMENT OF THE UNITED STATES, , 

CHAPTER XXVI. 
Causes of the Revolution, .........94 

CHAPTER XXVII. 

Nature of the Union un ler the Confederation, ----- 97 



CONTENTS XI 

CHAPTER XXVIII. 

* FAOE. 

Nature of the Union under the Constitution, - - • - 101 

CHAPTER XXIX. 
Legislative Department House of Representatives, ••.-,.- 104 

CHAPTER XXX. 
The Senate, - 108 

CHAPTER XXXI. 
Power of Congress to lay Taxes, Duties, &c. ; Power to Borrow Money, - 112 

CHAPTER XXXII. 
Power to Regulate Commerce. Commerce with Foreign Nations, - - 114 

CHAPTER XXXIII. 

Power to Regulate Commerce, continued. Navigation ; Commerce among 
the States, nnd with the Indian Tribes, - - - - - il3 

CHAPTER XXXIV. 

Powers of Congress in Relation to Naturalization ; Bankruptcy ; Coining 
Money ; Weights and Measures ; Punishment of Counterfeiting, - - 122 

CHAPTER XXXV. 

Powers of Congress in Relation to Post-Qffices ; Copy-Rights and Patents ; 
Inferior Courts, 126 

CHAPTER XXXVI. 

Powers of Congress in Relation to Piracy and Offenses against the Law of 
Nations ; War ; Marque and Reprisal ; Public Defense ; District of Co- 
lumbia ; Implied Powers, - -- - - - - -128 

CHAPTER XXXVII. 
Prohibitions on Congress, - - - - - - - - -131 

CHAPTER XXXVIII. 

Prohibition on the States, - - - - - - - - -135 

CHAPTER XXXIX. 

Executive Department. President and Vice-President ; their Election, 

Qualifications, &c, ---------- 138 

CHAPTER XL. 

Powers and Duties of the President ; Treaties ; Public Ministers ; Appoint- 
ments and Removals, --------- 143 

CHAPTER XLI. 

Auxiliary Executive Departments. Departments of State, of the Treas 
ary, of the Interior, of War, of the Navy, of the Post-Office ; Attorney 
General, 147 



Xii CONTENTS 

CHAPTER XLII. 

* PAOK 

Judical Department. District Courts ; Circuit Courts ; Supreme Court, - 151 

CHAPTER XLIII. 
Treason Defined ■ its Punishment, - - • - - - -154 

CHAPTER NL1V. 

State Records ; Privileges of Citizens ; Fugitives ; Admission of New 

States ; Power over Territory ; Guaranty of Republican Government, 15c 

CHAPTER XLV. 
Provision for Amendments ; Assumptions of Public Debt ; Supremacy of 
the Constitution, &g. ; Oaths and Tests ; Ratification of the Constitution, 16C 

CHAPTER XLVI. 
Amendments to the Constitution, ---•--• 163 

COMMON AND STATUTORY LAW. 

CHAPTER XLVII. 

Rights of Persons. Personal Security ; Personal Liberty ; Religious Lib 

erty ; Liberty of Speech, and of the Press ; Right of Property, - - I6G 

CHAPTER XL VIII. 
Domestic Relations. Husband and Wife, ------ 171 

CHAPTER XLIX. 

Domestic Relations, continued. Parent and Child ; Guardian and Ward ; 
Minors ; Masters, Apprentices, and Servants, ----- 174 

CHAPTER L. 

Rights of Property How Title to Property is acquired ; Wills and Testa- 
ments ; Title to Property by Descent. ..... . yr* 

CHAPTER LI. 
Deeds and Mortgages, - - - - - - - - - £8J 

CHAPTER LIT. 
Incorporeal Hereditaments, Right of Way ; Aquatic Rights, &c, - - 183 

CHAPTER LIII. 
Leases. Estates for Life ; Estates for Years ; Estates at Will ; Estates by 
Sufferance; Rent, &c, - - - - - - - - - 186 

CHAPTER LI V. 
Contracts in General ------*. - - 1 Bf 



CONTENTS xiu 

CHAPTER LF. 

PAGE 

Contracts of Sale, ■ 193 

CHAPTER LVL 
Fraudulent Sales ; Assignments ; Gifts, &c, - - - - - - 197 

CHAPTER LVII. 
Bailment, 20G 

CHAPTER LVIII. 
Principal and Agent, or Factor ; Broker ; Lien, <fcc., * - " - - 202 

CHAPTER LIX. 
Partnership, - ---------- 205 

CHAPTER LX. 
Promissory Notes, ---------- 207 

CHAPTER LXI. 
Bills of Exchange ; Interest ; Usury, ------- 213 

CHAPTER LXII. 
Crimes and Misdemeanors, --------- 216 



LAW OF NATIONS. 

CHAPTER LXIII. 

Origin and Progress of the Law of Nations ; the Natural, Customary, and 

Conventional Laws of Nations, - - - - - " - - 221 

CHAPTER LXIV- 

The Jurisdiction of Nations ; their mutual Rights and Obligations ; the 

Rights of Embassadors, Ministers, &c, ------ 225 

CHAPTER LXV. 

Offensive and Defensive War ; just Causes of War ; Reprisals ; Alliances 
in War, 223 

CHAPTER LXVI. 

Declaration of War ; its Effect upon the Person and Property of the Ene- 
my's Subjects ; Stratagems in War ; Privateering, - - - - 231 

CHAPTER LXVII. 
Rights and Duties of Neutral Nations ; Contraband Goods ; Blockade ; 
Right of Search ; Safe Conducts and Passports ; Truces ; Treaties of 
Peace, - . - - - - . - 2'ii 



GOVEKMENT CLASS BOOK 



PRINCIPLES OF GOVERNMENT. 



CHAPTER I. 

Mankind fitted for Society, and for Civil Government and Laws. 

§ 1. Mankind are social beings. They are by nature 
fitted for society. By this we mean that they are naturally 
disposed to associate with each other. Indeed, such is 
their nature, that they could not be happy without such 
association. Hence we conclude that the Creator has de- 
signed men for society. 

§ 2. Man is so formed that he is dependent upon his fel- 
low men. He has not the natural strength of other ani- 
mals. He needs the assistance of creatures like himself 
to protect and preserve his own being. We can hardly 
imagine how a person could procure the necessaries of life 
without such assistance. But men have the gifts of reason 
and speech. By conversation they are enabled to improve 
their reason and increase their knowledge, and to find 
methods of supplying their wants, and of improving their 
social condition. 

§ 3. But, although men need the assistance of each other, 
they are so formed that each must have the care of hini- 

Chapter I.— § 1. What is the natural state of mankind 1 § 2. What ren- 
ders them mutually dependent % By what means are they enabled to supply 
tiieir wants 1 



Iq GOVERNMENT CLASS BOOK. [Chap, i 

self. If every man were fed and clothed from a common 
store, provided by the labor of all, many, depending upon 
the labor of others, would be less industrious than they now 
are. By the present arrangement in society, which obliges 
every man to provide for his own wants, more is earned, a 
greater number are cared for, and the general welfare is 
better promoted than would be done if each labored for the 
benefit of all. 

§ 4. From this arrangement comes the right of proper- 
ty. If each man's earnings should go into a common 
stock for the use of all, there would be nothing that any 
one could call his own. But if each is to provide for him- 
self, he must have a right to use and enjoy the fruits of 
his own labor. 

§ 5. But all men in society have the same rights. There- 
fore, in laboring to supply our wants, and to gratify our 
desires, we can not rightfully do so any further than is 
consistent with the rights of others. Hence we see the 
necessity of some established rules for securing to every 
member of society the free enjoyment of what justly be- 
longs to him, and for regulating his conduct toward his 
fellow-members. 

§ 6. These rules for regulating the social actions of men, 
are called laws. Law, in a general sense, is a rule of ac- 
tion, and is applied to all kinds of action. But in its lim- 
ited and proper sense, it denotes the rules of human action 
prescribing what men are to do, and forbidding what they 
are not to do. 

§ 1. We have seen that man is fitted for society, and 
that laws are necessary to govern the conduct of men in 
the social state. We see also that mankind are fitted by 
nature for government and laws. Man is also a moral 
being. The word moral has various significations. Some- 
times it means only virtuous, or just ; as, a moral maD , 
that is, a man of moral character, or who lives a moral 
life ; by which is meant that the conduct of the aian is 
just and right. 

§ 8. But in a wider sense, the word moral relates to the 

§ 3. Why should every man labor for himself ? 5 4. What con es fi >m this 
arrangement? § 5. How are the rights of men secured to them? b I. What 
is law ? § 7. For what else than society are mankind fitted by na^avo 1 Deftno 
moral. 



Chap I.] PRINCIPLES OF GOVERNMENT. 17 

social actions of men, both right and wrong. Thus, in 
speaking of the character of a man, we say, his morals are. 
good, or his morals are bad. And of an action, we say, it 
is morally right, or it is morally wrong. Man's having a 
moral nature implies that he has a sense of right and 
wrong, or at least the power or faculty of acquiring it ; 
and, being a moral agent, he is accountable for his actions. 

§ 9, Thus we have seen that men are social, reason- 
able, and moral beings. They have power to discern their 
own wants and the wants of their fellow men ; to perceive 
what is right and what is wrong ; and to know that they 
ought to do what is right and to forbear to do what is 
wrong. Their reason enables them to understand the 
meaning of laws, and to discover what laws are necessary 
to regulate the social actions of men. Hence we conclude 
that they are fitted and designed for society, and for gov- 
ernment and law. 

§ 10, The youngest reader probably knows, that in 
speaking of society, we do not refer to any of those associ- 
ations usually called societies, but to civil society, compos- 
ed of the people of a state or nation. A nation, or stale, is 
a large number of persons united under some form of gov- 
ernment ; as, the French nation ; the British nation ; or 
the state of New-York ; the state of Virginia. Sometimes 
it signifies the ruling or governing power of a state or 
nation, as, the state has provided for educating its citizens, 
and for supporting the poor. 

§ 11. The object of the people in forming a state associ- 
ation, or, as is sometimes said, of entering into civil society, 
is to promote their mutual safety and happiness. In unit- 
ing for this purpose, they agree to be governed by certain 
established rules and principles ; and the governing of the 
people of a state or nation according to these rules, is 
called civil government. The word government also signifies 
the rules and principles themselves by which the people 
are governed ; and sometimes the persons who adminis- 
ter the government — that is those who make the laws of 
a state and carry them into effect — are called the govcrnmert. 

§ 8. What is implied in man's having a moral nature 1 §9. What qualities 
or faculties in mankind fit them for government and law? § 10. What is u 
ptate or nation? § 11. Whit is the object of forming state associations 1 Wbal 
u ni^ant h} 7 civil gotcnnneni ? 



J g GOVERNMENT CLASS BOOK. [Chap. II 

CHAPTER II. 

Rights and Liberty, defined. 

§ 1. We have spoken of the rights of men, and of laws 
as designed to secure to men the free enjoyment of their 
rights. But a more particular definition of rights and laws 
will be useful to young persons just commencing the study 
of civil government. 

§ 2. A right means ownership, or the just claim or law- 
ful title which a person has to anything. What we have 
acquired by honest labor, or other lawful means, is right- 
fully our own ; and we are justly entitled to the free use 
and enjoyment of it. We have a right also to be free in 
our actions. We may go where we please, and do what 
ever we think necessary for our own safety and happiness ; 
provided we do not trespass upon the rights of others ; for 
it must be remembered that others have the same rights as 
ourselves. 

§ 3. The rights here mentioned are natural rights. They 
are so called because they are ours by nature or by birth ; 
and they can not be justly taken from us or alienated. 
Hence they are also called inalienable. We may, however, for- 
feit them by some offense or crime. If, for example, a man 
is fined for breaking a law, he loses his right to the money 
he is obliged to pay. By stealing, he forfeits his liberty, 
and may be justly imprisoned. By committing murder, he 
forfeits his right to life, and may be hanged. 

§ 4. Rights are also called personal, political, civil, and 
religious. Personal rights, or the rights of persons, are rights 
belonging to persons as individuals, and consist of the 
right of personal security, or the right to be secure from in- 
jury to our bodies, or persons, or our good names ; the 
right of personal liberty, or the liberty of moving, acting, oi 
speaking without unjust restraint ; and the right of property, 

Chap. II. § 2. Define the word right. May we do whatever we please 1 
§ 3. Why are rights called natural ? Why inalienable ? How may they be lost? 
§ 4. What are personal rights 1 Define rights of person and right of property 
State the distinction between personal rights and the rights of person. 



Chap. II.] PRINCIPLES OF GOVERNMENT jg 

or the right to acquire and enjoy property. The terms 
rights of 'person and rights of persons, or personal rights, have 
riot the same meaning. The rights of person, as the term 
is generally used, does not include the right of property ; 
personal rights include both the right of property and the 
rights of person. 

§ 5. Political rights are those which belong to the people 
in their political capacity. The word political, in a general 
sense, relates to government. The whole body of the 
people united under one government, is called the political 
body, or body politic. The right of the people to choose 
and establish for themselves a form of government, or 
constitution, and the right to elect persons to make and 
execute the laws, are political rights. The right of voting 
at elections is therefore a political right. 

§ 6. Civil rights are those which are secured to the 
citizens by the laws of the state. Some make no distinc- 
tion between civil rights and political rights. In a proper 
sense — that in which the terms are here used — there is 
this difference : political rights are those secured by the 
political or fundamental law, called the constitution ; civil 
rights are more properly those which are secured by the 
civil or municipal laws. The difference will more clearly 
appear from the definition elsewhere given of the political 
and civil laws. (Chap. III. § 5, 6.) 

§ t. Religious rights consist in the right of a man to 
make known and maintain his religious opinions, and to 
worship God in that way and manner which he believes in 
a is conscience to be most acceptable to his Maker. This 
right is called also the right of conscience. But in exercis- 
ing this right, a man may not abuse it by violating the 
rights of others, or disturbing the peace and order of so- 
ciety. 

§ 8. Now, although human rights are thus divided into 
classes and differently defined, they are all natural rights 
It is generally held in this country as a truth, that "all 
men are created equal f that is, born with the same rights. 
And if men, as social and moral beings, are fitted by na- 
ture and designed for government and laws, we conclude 

§5. Define political rights. What particular rights are political? $6 What 
a civil rights 1 § 7. Religious rights 1 What else are they called 7 $ 8. Uncle? 
svhju general term are the different rights embraced 1 



20 GOVERNMENT CLASS BOOK. [Chap. II. 

that their political, civil, and religious rights, and all other 
rights to which they are entitled by tl e law of nature, are 
natural rights. 

§ 9. Liberty is the being free to exercise and enjoy our 
rights, and is called natural, political, civil, or religious, 
according to the particular class of rights referred to. 
Thus the exercise of rights guarantied by the constitution 
or political law, is called political liberty. The free enjoy- 
ment of rights secured by the civil or municipal laws, is 
called civil liberty. And freedom of religious opinion and 
worship is called religious liberty. 

§ 10. Hence liberty itself is a natural right. The words 
right and liberty, however, have not the same meaning. We 
may have a right to a thing when we have not the liberty 
of using it. John has a pencil which is justly his own ; 
but James takes it from him by force. John's liberty to 
enjoy the use of his pencil is lost, but his right to it re- 
mains. James has no right to the use of the pencil, 
though he enjoys the use of it. 

§ 11. This example serves also to explain further the use 
of the different terms applied to rights and liberty. John's 
right to his pencil, being guarantied to him by the laws of 
civil society, is a civil right. It is with equal propriety 
called a natural right, because, by the law of nature, he has 
a right to the use of his pencil. 



CHAPTER III 

Laws, defined. 



§ 1. Law has been briefly defined. (Chap. 1. § 6.) As 
in the case of rights and liberty, laws are distinguished by 
different names ; as, the law of nature, or natural law ; 
the moral law ; the law of revelation, or revealed law ; 
the political law ; the civil or municipal law. 

§ 2. The law of nature is of the highest possible authority, 

§ {I. What is liberty ? Political, civil, and religious liberty 1 § 10. What is 
the difference between right nnd liberty ? § 11 What does this example further 
explain'? (Chapter HT. — § 1. Define laui. 



Chap III.J PRINCIPLES OF GOVERNMENT. 21 

being established by the supreme Lawgiver himself. It 
is called the law of nature, because it is right in itself— 
right in the nature of things, and ought to be obeyed, 
though no positive command had ever been given to men. 
It is a perfect rule of right for all moral and social beings. 
It is that eternal rule of right to which God himself con- 
forms. 

^ 3. The law of nature, as a rule of human action, arises 
out of man's relation to his Maker and to his fellow men. 
As a creature, he must be subject- to the laws of his 
Creator, on whom he is dependent. He is also in a mea- 
sure dependent upon his fellow beings. All being created 
equal, each is bound by the principles of natural justice to 
render to others that assistance which is necessary to make 
them as happy as himself, or which they justly owe to him 
in return. 

§ 4. The moral law is that which prescribes to men their 
duties to God and to each other. As a rule of human con- 
duct therefore, it corresponds exactly to the law of nature. 
The moral law is briefly expressed in the decalogue or ten 
commandments, and is still more briefly summed up in the 
two great commandments, to love God with all our heart 
and to love our neighbor as ourselves. God being its 
author, it is called the divine law ; and, being found in the 
Holy Scriptures, in which his will is revealed to mankind, 
it is called the revealed law, or law of revelation. 

§ 5. Political law, as has been observed, is that system 
or form of fundamental rules, called the constitution, by 
which the people in their political capacity, or as a body 
politic, agree to be governed. The nature of this law will 
more clearly appear from a more particular definition of 
constitution, and from a description of the manner in which 
a constitution is made. (Chap. V.) 

§ 6. The word municipal was used by the Romans to 
designate that which related to a mwnidpium, which was a 
free town, or city. The rights of a citizen of such free city 
or town were called municipal rights, and its officers were 
called municipal officers. In this country, the word is not 
only used in this limited sense, but is extended to what 

§ 1. By what names are laws distinguished 1 § 2. Define the law of nature 
\ 3. From what does the law of nature arise 1 § 4. What is meant by tho 
moral law ? §5. Define political law. 



22 GOVERNMENT CLASS BOOK. v [Chap. Ill 

pertains to a state. Hence the body of laws which pre- 
scribe the duties of the citizens of a state, are called the 
'municipal or civil law. And the term is used to distinguish 
the laws made by the legislature, or law-making power of 
the state, from the constitution, or political law, adopted 
by the people in their political capacity. 

§ 1. If, as has been said, the laws of the Creator form a 
perfect rule of conduct for all mankind, and ought in all 
cases to be obeyed, then all human law ought to agree 
with the divine law. If a human law is contrary to the di- 
vine law, or if it requires us to disobey the commands of 
God, it is not binding, and should not be obeyed. So the 
Scriptures teach. They speak approvingly of men who dis- 
obeyed human authority, and who gave as the reason, that 
it was their duty to obey God rather than men ; and they 
furnish many examples of good men who submitted to 
severe punishment, even to death, rather than do what 
they knew to be contrary to the divine will. 

§ 8. But although the divine will as revealed in the 
Scriptures, is a perfect rule or law for all mankind, and 
although human laws ought to conform to the divine law, 
yet it would be impossible to govern the people of a state 
by that law alone. The divine law is broad, and compre- 
hends rules to teach men their whole duty ; but it does not 
specify every particular act of duty. Much of it consists 
of general principles to which particular acts must be 
made to conform. It requires men to deal justly with 
each other ; but men do not always agree as to what is 
right. Human laws, therefore, become necessary to declare 
what shall be considered just and right between man and 
man. 

§ 9. It may be observed, further, that all the divine pre- 
cepts could not be carried into effect in civil government. 
They are spiritual, and reach to the thoughts and intents 
of the heart. They require us to love our Creator supreme 
ly, and our neighbor as ourselves ; in other words, to do to 
others as we would that they should do to us. But as 
the omniscient God only knows when men fail in these 
duties, no human authority could enforce such a law. 

§ 6. Define municipal. How are municipal or civil laws dieting, aishcd from 
political 1 §7. Ought the divine law in all cases to be obeyed 1 $ 8. Why thou 
R.re human laws necessary 7 



Chap. IV.] PRINCIPLES \E GO\ERiaiENT 23 

Human laws, therefore, have respect chiefly to the outward 
acts of men, and are designed to regulate their inter- 
course with each other. 

§ 10. Although the laws of the state can not compel men 
to fulfill the great law of love, it is nevertheless morally 
binding upon all. A perfectly holy Creator could consist- 
ently require of his moral and accountable creatures no- 
thing less than supreme love to himself, and equal love to 
one another. This, as has been remarked, is in accordance 
with the law of nature, which is right in the nature of 
things. (Chap. III. § 2, 3.) 

§ 11. While the divine law accords perfectly with the 
principles of natural justice, the giving of it to mankind 
manifests the wisdom and benevolence of the supreme Law- 
giver. Man is so formed, that it is for his highest happiness 
strictly to obey this law. The generous man, in relieving 
the wants of others, contributes to his own happiness. 
The boy who divides an apple with his fellow, is more happy 
than he would be if he retained the whole to himself. It is 
generally true, that, in performing acts of kindness and 
charity to others, we most effectually promote out own happi- 
ness, and feel the saying to be true, " It is more blessed to 
give than to receive." 



CHAPTER IV 



Different Forms of Government. Monarchy ; Aristocracy ; Democracy ; 
Republic. 

§ 1. Governments have existed in a great variety of 
forms. The earliest governments of which we have any 
knowledge, are the patriarchal. Patriarchy from the Greek, 
pater, father, and arkos, chief, or head, means the father 
and ruler of a family. This kind of government prevailed 

§ 9. Can you give any other reason 1 § 10. What measure of love is due 
to the Creator and our fellow men respectively 1 §11. What are the charac- 
teristics of this law of love ? Chap. IV. § I. What were the earliest govern- 
ments 1 Define pat^ia?-ch. 



24 GOVERNMENT CLASS BOOK. » [Chap. IV 

in the early ages of the world, and in a state of society 
in which the people dwelt together in families or tribes, 
ind were not yet formed into states or nations. The pa- 
triarchal government existed before the flood, and for a 
long period afterward. Abraham, Isaac, and Jacob, the 
fathers of the Hebrew race, as also the sons of Jacob, the 
heads of the twelve tribes, were called patriarchs. 

§ 2. After their departure from Egypt, the government 
of the Hebrews was a theocracy. This word is from theos, 
God, and kratos, power, and signifies a government by the 
immediate direction of God. The laws by which they were 
governed were given to them on Mount Sinai by God him- 
self, their leader and king. This theocratic form of gov- 
ernment, with some changes, existed until the coming of 
the Messiah. 

§ 3. But the forms of government which have most pre- 
vailed, are designated by the terms, monarchy, aristocracy, 
and democracy, or republic. These words severally indi- 
cate by what persons, and in what manner, the governing 
power of a state is exercised. This power is usually called 
the sovereign, or supreme power. Where kings rule, they are 
called sovereign ; and where the power is in the hands of 
the people, the people are sovereign. In the strict sense 
of the term, however, entire sovereignty, or supreme power, 
exists only where power is exercised by one man, or a sin- 
gle body of men, uncontrolled or unrestrained by laws or 
by any other power. But in a more general sense, it is 
that power in a state which is superior to all other powers 
within the same. 

§ 4. A form of government in which the supreme power 
is in the hands of one person, is called a monarchy. The 
word monarch is from two Greek words, monos, sole or only, 
and arkos, a chief ; and is a general name for a single ruler, 
whether he is called king, emperor, or prince. A govern- 
ment in which all power resides in or proceeds from one 
person, is an absolute monarchy. If the power of the mon- 
arch is restrained by laws or by some other power, it is 
called a limited monarchy. 



$ 'i What was tho government of the Hebrews called 1 Define theocracy 
§ 3. »Vhat is sovereign or supreme power ? §4. What is a monarchy ? Ax, 
absolute monarchy ? A limited monarchy ? 



Chap. IV.J PRINCIPLES OF GOVERNMENT. 25 

§ 5. A monarchy is called hereditary in which the throne 
passes froiQ father to son, or from the monarch to his suc- 
cessor, by inheritance. On the death of a sovereign, the 
eldest son is usually heir to the crown ; or if there is no 
son, it falls to the daughter, or some other relative. A 
monarchy is elective, where, on the death of the ruler, his 
successor is appointed by an election. A few such mon- 
archies have existed. 

§ 6. An absolute monarchy is sometimes called despotism. 
The word despot is from the Greek, and means master, or 
lord. It has nearly the same meaning as tyrant, which also 
is from the Greek, and signifies king. These words at first 
meant simply a single ruler. They are now applied, for 
the most part, to rulers who exercise authority over their 
subjects with severity. In an absolute despotism, the 
monarch has entire control over his subjects. They have 
no law but the will of the ruler, who has at command a 
large force of armed men to keep his people in subjection. 
The governments of Russia and Turkey are highly despotic. 

§ 7. An aristocracy is a form of government in which the 
power is exercised by a privileged order of men, distin- 
guished for their rank and wealth. The word aristocracy is 
from the Greek word aristos, best, and kratos, power, or 
krateo, to govern ; and means a government of the best. 
It is also used for the nobility of a country under a mon- 
archical government. Nooks are persons of rank above the 
common people, and bear some title of honor. The titles of 
the English nobility are those of duke, marquis, earl, vis- 
count, and baron. These titles are hereditary, being deriv- 
ed from birth. In some cases they are conferred upon per- 
sons by the king. 

§ 8. A democracy is a government of the people ; the 
word democracy being from the Greek demos, the people, 
and krateo, to govern. In a government purely democratic, 
the great body of freemen meet in one assembly to make 
and execute the laws. There were some such governments 
in ancient Greece ; but they necessarily comprised small 
territories, scarcely more than a single town. The freemen 
of a state could not all meet in a single assembly. 

$ 5. A hereditary monarchy 1 An elective monarchy 7 § 6. Adespotiom? 
Define despot and tyrant. § 7. What is an aristocracy ? Define tho word $ 8 
What is a democracy ? Define the word. 



26 GOVERNMENT CLASS BOOK. v t Chap. V. 

§ 9. The government of this country, though a govern- 
ment of the people, is not one of the kind just described j 
it is a republic. A republic is a government in which the 
power to enact and execute the laws is exercised by repre- 
sentatives, who are persons elected by the people to act 
for them. Yet, as not only the election of representatives, 
but the adoption of the constitution or form of government 
itself is the act of the people ; and as, therefore, all power 
comes from the people, the government is also dem- 
ocratic ; and is properly called a democratic republic, or a 
representative democracy. 

§ 10. A republic is sometimes also called a commonwealth. 

'^mmon signifies general, and is applied to what belongs 
w o or is used by the people generally. Weal means welfare 

r happiness. Wealth also was formerly sometimes used 
for weal. Hence commonwealth means strictly the common 
good, or the common happiness. In a general sense it signi- 
fies a state ; but it is properly applied to a free state, one 
in which the people enjoy common rights and privileges. 
Hence every state in the union is a commonwealth or re- 
public. 



STATE GOVERNMENTS 



CHAPTER V. 

The Nature and Objects of a Constitution, and the Manner in which it is ina Ja 

§ 1. Of all the different forms of government which hav<> 
existed, a republican government, on the plan of that which 
has been established in this country, is believed to be 
best adapted to secure the liberties of a people, and to pro- 
mote the general welfare. Under the reign of a wise and 
virtuous ruler, the rights of person and property may be 

$ 9- What is a republic ? Wherein do a democracy and a republic differ? 
$ 10. What is a commonwealth? Chap. V. — § 1. What is the object of citfil 
government ? $ How is this object best secured 7 



Caap. V.] STATE GOVERNMENTS. 21 

fully enjoyed, and the people may be in a good degree 
prosperous. But the requisite virtue and wisdom have sel- 
dom been found in any one man or a few men. And expe- 
rience lias proved that the objects of civil government may 
be best secured by a written constitution founded upon the 
will or consent of the people. 

§ 2. The word constitute is from the Latin, and signifies 
»o set, to fix, to establish. Constitution, when used in a po- 
litical sense, means the established form of government of 
a state. In a free government, like ours, it is properly 
called the political law, being established by the people as a 
body politic, or political body. (Chap. Ill, § 5.) It is also 
called the fundamental law, because it is the foundation of all 
other laws of the state, which are enacted by the legisla- 
ture for regulating intercourse between the citizens, and 
are called the municipal or civil law, and must conform to 
the fundamental, or political law. 

§ 3. A constitution is in the nature of an agreement be- 
tween a whole community or body politic and each of its 
members. This agreement or contract implies, that each 
one binds himself to the whole, and the whole bind them- 
selves to each one, that all shall be governed by certain 
laws and regulations for the common good. 

§ 4. The nature of a constitution will further appear 
from the manner in which it is made. It is evident that a 
people, in establishing a constitution, must have some 
right or authority to act in the business. Whence this 
right is derived, we will not now stop to inquire. There is, 
however, somewhere power to enact a law authorizing the 
people to make a constitution and prescribing the manner 
in which it is to be made. 

§ 5. In forming a constitution, the people must act col- 
lectively. But their number is too large to meet in a single 
assembly. Therefore they choose a small number to act 
for them. One or more are chosen in each county, or 
smaller district, and are called delegates. A delegate is a 
person appointed by another witli power to transact busi- 
ness as his representative. The assembly composed of the 

$ 2. What is a constitution? By what name is it called? § 3. What is it' a 
nature? § 4. By what authority is a constitution made? § 5. By whom is % 
wmstitution formed ? § What is the assembly called ? 



28 GOVERNMENT CLASS BOOK. [Chap. V 

delegates so elected, is called convention; a name given to 
most public meetings other than legislative assemblies. 
Delegate and representative are words of nearly the sarno 
meaning. The latter, however, usually designates a per- 
son chosen to assist in making the laws of the state. 

§ 6. The rules agreed upon by the convention as a basis 
of government, are arranged in proper form. The several 
portions relating to the different subjects are called articles, 
and numbered ; and the articles are divided into sections, 
which also are numbered. But what has been thus pre- 
pared by the convention is not yet a constitution. It is 
only a draft of one, and can not become a constitution 
without the consent of the people to be given at an election. 
If a majority of the persons voting at such election vote in 
favor of the proposed constitution, it is adopted, and be- 
comes the constitution of the state. 

§ 7. One of the most valuable rights of the people under 
a free government, is the right to have a constitution of 
their own choice. Indeed it is in this right that their free- 
dom principally consists. It is by the constitution that 
their rights are secured. All the people join in establish- 
ing the constitution ; but they do not all unite in making 
and executing the laws ; in othei words, they do not them- 
selves administer the government ; this is done by their 
representatives. But if these should enact unjust and op- 
pressive laws, the people, having by their constitution 
reserved the right to displace them, may do so by electing 
others in their stead. 

§ 8. In an absolute monarchy the people have no politi- 
cal rights — the right to establish a form of government 
for t>.«:mselves, and the right to elect those who are to 
make and administer the laws. The monarch has entire 
control over his subjects. He can take their lives and 
property when he pleases. His will is their law ; and he 
has at command a large force of armed men to keep his 
people in subjection. 

§ 9. In a limited monarchy, the people have some politi- 
cal rights. Such a monarchy is Great Britain. The king 

§ 6. How is a constitution adopted 1 §7. How are the rights of the people 
secured by a constitution? § 8. What, is the condition of the people in an ab- 
solute monarchy ? § 9. Describe briefly the government of Great Britain 
What political rights; have the people ? 



Chap. VI.J STATE GOVERNMENTS. 25 

or sovereign is in a measure restrained by laws ; and he 
can not make laws alone. The laws are framed antf agreed 
to by parliament, and must be approved by the king or 
queen. Parliament consists of two bodies of men, the 
house of lords and the house of commons. The members 
of the latter are elected by the people, who, in such elec- 
tion, exercise a political right. 

§ 10. But the political right of establishing a constitu 
tion or form of government, is not enjoyed by the people oi 
that country. They have no written instrument, like ours, 
called constitution, adopted by the people. What is there 
called the constitution, is the aggregate or sum of laws, 
principles, and customs, which have been formed in the 
course of centuries. There is therefore no restraint upon 
the power of parliament ; hence no law which may be en- 
acted is contrary to the constitution ; and the people have 
not the same security against the enactment of unjust laws 
as the people of the United States. 



CHAPTSE VI 



Qualifications of Electors; or, by whom Political Power is exercised in th« 
States of this Union. 

§ 1. One of the first provisions usually inserted in a 
constitution of a free state, is that which declares who 
shall be allowed to take a part in the government ; that is, 
to whom the political power shall be intrusted. As this 
power is exercised by voting at elections, the constitution 
very properly prescribes the qualifications of electors, or, 
in other words, declares what shall be necessary to entitle 
a man to the right of voting, or the right of suffrage. 
When, therefore, we speak of the people politically, we 
mean those only who are qualified electors. 

§ 2. To be competent to exercise the right of suffrage, a 
person must be a freeman, or, as we sometimes say, he 

§ 10. Of what does the constitution of Great Britain consist 1 Chap. VI A 1. 
By what are the qualifications of voters prescribed 1 § 2. Who are freeu*«n { 



30 GOVERNMENT CLASS BOOK. [Chap. VI 

should be his own master. While under the control of a 
parent or guardian, he might be constrained to act con- 
trary to his own judgment. All our state constitutions, 
therefore, give this right only to free male citizens of the 
age of twenty-one years and upwards ; twenty-one years 
being the age at which young men become free to act for 
hemselves. 

§ 3. But even if this freedom were obtained at an earlier 
w^ge, it would not be expedient to bestow this right upon 
persons so young. They have not the necessary know- 
ledge and judgment to act with discretion. Some are 
competent at an earlier age ; but a constitution can make 
no distinction between citizens. It has therefore, in ac- 
cordance with the general opinion, fixed the time at the 
age of twenty-one, when men shall be deemed capable of 
exercising the rights and performing the duties of freemen. 

§ 4. That a man may vote understanding^, he must 
have resided long enough in the state to have become ac- 
quainted with its government and laws, and to have learn- 
ed the character and qualifications of the persons for whom 
he votes. State constitutions therefore require, that elect- 
ors shall have resided in the state for a specified period of 
time, varying, however, in the different states from three 
months to two years. In most of the states, they must 
also have resided for some months in the county or dis- 
trict, and be residents of the town in which they offer to 
vote. 

§ 5. But in giving the right of suffrage to all free male 
citizens twenty-one years of age, it is not given to every 
man, because all men of that age are not citizens. Persons 
born in foreign countries and residing here are aliens, and 
are not entitled to the political rights of persons born in 
this country. They are presumed to have too little know- 
ledge of our government, and to feel too little interest in 
public affairs, on their first coming hither, to be duly quali- 
fied for the exercise of political power. Laws, however, 
have been enacted for naturalizing aliens after 'they shall 
have resided here long enough to become acquainted with 
and attached to our government. By naturalization they 



§ 3. Why should none but freemen vote ? § 4. Why is a term of residence r&* 
quired ? $ 5. W l jy are not aliens immediately allowed to vote 1 



Chap. VI.] STATE GOVERNMENTS. 31 

become citizens, entitled to all the privileges of native or 
natural born citizens. (Chap. XXXIV, § 3, 4.) 

§ 6. Prior to the adoption of the 14th amendment of the con- 
stitution of the United States, in all the states except Maine, 
New Hampshire, Massachusetts, Vermont, and Rhode Island, 
the rights of an elector were fully enjoyed by white male citi- 
zens only. In New York, men of color owning a freehold estate 
of the value of $250, were qualified voters. But the amend- 
ment above mentioned provides that the elective franchise 
shall be enjoyed alike by all male citizens in the United States, 
without distinction of race or color. 

§ 7. It is provided also in state constitutions, that elec- 
tors committing infamous crimes are disfranchised. Fran- 
chise is a right or privilege enjoyed by the citizens of a state. 
Hence the right of voting at elections is called the elective 
franchise ; and an elector, when deprived of this privilege, 
is disfranchised. An infamous crime is one which is punish- 
able by imprisonment in a state prison. Men guilty of 
high crimes are deemed unfit to be intrusted with so im- 
portant a duty as that of electing the persons who are to 
make and execute the laws of the state. It is provided, 
however, that if such persons are pardoned before the ex- 
piration of the term for which they were sentenced to bo 
imprisoned, their forfeited rights are restored. 

§ 8. By the earliest constitutions of many of the old 
states, electors were required to own property, or to have 
paid rents or taxes, to a certain amount. In the election 
of the higher officers, freeholders only were entitled to vote. 
A freeholder is an owner of real estate, (property in lands,) 
which he holds in his own right, and may transmit to his 
heirs. In the constitutions of the newer states, property 
las not been made a qualification of an elector ; and in the 
amended constitutions of the old states this restriction 
upon the elective franchise has been removed, until it has 
nearly ceased to exist in the United States. The right of suf 
frage is now enjoyed by all white male freemen, with fijw 
exceptions, in almost every state of the Union. 

§ 6. How was the elective franchise formerly restricted ? § 7. How are elect- 
ors sometimes disfranchised? What is an infamous crime? § 8. What is said 
of property as a qualification ? 



82 LOhap. VI 

CHAPTER VIT. 

Elections. 

§ 1. For the convenient exercise of political power, as 
well as for the purposes of government generally, the ter- 
ritory of a state is divided into districts of small extent. 
It has been remarked, that the people of a state, being too 
numerous to meet in one assembly to make laws and trans- 
act the public business, elect a small number to represent 
them. But to elect these representatives and other officers, 
and to adopt the constitution, or fundamental law of the 
state, are political duties, which must be performed by the 
people in person, and in a collective capacity. Hence the 
necessity of small territorial divisions, in which the people 
may assemble for political purposes. 

§ 2. A state is divided into counties, and these are divi- 
ded into towns or townships. The people of every county 
and every town have power to manage their local concerns. 
The corporate powers of counties and towns, and the elec- 
ty*t* and the powers and duties of county and town officers, 
will be given in subsequent chapters. 

§ 3. The electors of the state meet every year in their 
respective towns for the election of officers. Meetings for 
electing town officers are, in a majority of the states, held 
in the earlier part of the year. Most officers elected by the 
people, other than town officers, are chosen at the general 
state election, which, in most of the states, is held in Octo- 
ber or November. 

§ 4. Elections are conducted by persons designated by 
law, or chosen by the electors of the town for that purpose. 
It is their duty to preserve order, and to see that the busi- 
ness is properly done. They are usually called judges of 
elections, or inspectors of elections. Persons also, (usually two,) 
serve as clerks. Each clerk keeps a list of the names of 
the persons voting, which is called a poll-list. Pell, which 

Chap. VII. § 1. For what purpose is the territory of a state divided ? § 2 
What are the territorial divisions of a state called? § 3. When are state elt;«- 
tions generally held? § 4. By whom are elections conducted? Define poll. 



Chap. VII STATE GOVERNMENTS. 33 

is said to be a Saxon word, signifies head, anJ 1 has come to 
mean person. Thus, so much a head means so much for 
every person By a further change it has been made to 
signify an election, because the persons there voting are 
Timbered. Hence, " going to the polls" has obtained tho 
fcarne meaning as going to an election. 

§ 5. When the inspectors are ready to receive votes, one 
of them makes it known by proclaiming with a loud voice, 
that " the polls are now open." The inspectors receive 
from each voter a ballot, which is a piece of paper con- 
taining the names of the persons voted for, and the title of 
the office to which each of them is to be elected. Ballot, 
from the French, means a little ball, and is used in voting. 
Ballots are of different colors ; those of one color signify 
ing an affirmative vote, or yes ; those of another color a 
negative vote, or no. From this has come the application 
of the word ballot to the written or printed ticket now used 
in voting. 

§ 6. If no objection is made to an elector's voting, the 
ballot is put into the box, and the clerks enter his name on 
the poll-list. If the inspectors suspect that a person offer- 
ing to vote is not a qualified elector, they may question 
him upon his oath in respect to his qualifications as to age, 
the term of his residence in the state and county, and citi- 
zenship. Any bystander also may question his right to 
vote. This is called challenging. A person thus challenged 
is not allowed to vote until the challenge is withdrawn, or 
his qualifications are either proved by the testimony of 
other persons, or sworn to by himself. 

§ 7. In a few states, the voters are registered. A list is 
kept of the names of all who have, upon examination, been 
ascertained to be qualified electors ; and those only whose 
names are on the register are allowed to vote. Thus many 
interruptions to voting by the examination of voters at the 
polls, and much illegal voting, are prevented. Voters in 
some states are also required to take what is called the 
,: elector's oath," in which they promise to be true and 
faithful to the state and its government, and to the consti- 
tution of the United States ; and to give their votes as 

§ 5. Describe the manner of voting. Define ballot. § 6. Who may chal- 
lenge voters 1 § 7. How and why are voters registered 7 Are they registered 
in this state ? 

9* 



34 GOVERNMENT CLASS BOOK v |Chap. VII. 

they shall judge will conduce to the best good of the 
same. 

§ 8. After the polls are closed, the box is opened, and 
the ballots are counted. If the number of ballots agrees 
with the number of names on the poll-lists, it is presumed 
no mistake has been made, either in voting' or in keeping 
the lists. If the election is one for the choosing of town 
officers, it is there determined who are elected, and their 
election is publicly declared. 

§ 9. The election of county and state officers can not be 
determined by the town canvassers. A statement of the 
votes given in each town for the persons voted for, is sent 
to the county canvassers, who, from the returns of votes 
from all the towns, determine and declare the election of 
the officers chosen for the county. ("To determine the elec- 
tion of state officers, and of such others as are elected for 
districts comprising more than one county, a statement of 
the votes given for the several candidates, is sent by the 
several boards of county canvassers to the state canvas- 
sers, who, from the returns of votes from the several coun- 
ties, determine the election of the state officers. 

§ 10. In a lew states, voting at elections is done viva 
voce. These words mean by word of mouth. In voting in 
this manner, the elector speaks the name of the person for 
whom he votes. 

§ 11. In most of the states, persons are elected by a plu- 
rality of votes. An election by plurality is when the person 
elected has received a higher number of votes than any 
other, though such number be less than a majority of all 
the votes given. Suppose, for example, three candidates 
receive 1000 votes : One receives 450 ; another, 300 ; the 
third, 250 votes. The first, having the highest number, 
though not a majority, is elected. In the New England, 
or eastern states, a majority, that is, more than one-half of 
all the votes given, is necessary to the election of many of 
the higher officers. The least number of votes out of 1000, 
by which a person can be elected by this rule, is 501. 

§ 12. Either of these modes is liable to objection. When 
a simple plurality effects an election, 1,000 votes may be 

§ 8, 9. How is it determined what persons are elected ? § 10. What is viva 
voce voting ? §11. What is an election by plurality ? By majority 1 $ 1'2 
What ohjectior.s are there to either of these mode ? 



Chap. VIII STATE GOVERNMENTS. «,* 

iso divided upon three candidates as to elect one by 334 
votes ; or of four candidates, one may be elected by 251 
votes, and against the wishes of nearly three-fourths of the 
electors. An objection to the other mode is, that if no 
person receives a majority of all the votes, another election 
must be held. Numerous trials have, in some instances, 
been necessary to effect a choice ; and the people of a dis- 
trict have remained for a time without a representaiive in 
the state or national legislature. 



CHAPTER VIII. 

Division of the Powers of Government. 



§ 1. Having shown the nature of a constitution and the 
manne v in which it is made and adopted, it will next be 
shown how the powers of government under a state con- 
stitution are divided. As the excellence of a form of gov- 
ernment consists much in a proper separation and distribu 
tiou of power, this subject deserves special attention. 

§ 2. We notice first the separation of the political and 
civil powers. The words political and civil are often used as 
having the same meaning. Thus, speaking of the system 
of government and laws of a country, we use the general 
term, "political institutions," or "civil institutions f either 
of which is deemed correct. But these words have also a 
particular signification, as has already been shown in the 
distinction made in preceding chapters between political 
rights and civil rights, and between the political law and 
the municipal or civil laws. (Chap. II, and III.) Hence 
it appears, that what we mean by political power is tho 
power exercised by the people in their political capacity, 
in adopting their constitution and electing the officers of 
the government ; and that, by the civil power is meant the 
power exercised by these officers in administering the gov- 
ernment. 

Ohap. VIII. § 1, 2. What division of power is first mentioned 7 Give ths 
iistinction between the political and civil powers 



36 GOVERNMENT CLASS BOOK v [Chap. VIII 

§ 3. In an absolute government, no such distinction 
exists ; all power is centered in the supreme ruler. There 
is no political law binding on him. Being himself restrain- 
ed by no positive laws or regulations that have been adopt- 
ed by the people, or that may be altered by them, the people 
h«*/e no political rights. In a mixed government, or limit- 
ed monarchy, political power is exercised to some extent. 
Although there is no written constitution adopted by the 
people, as in a republic, the members of one branch of the 
law-making power are elected by the people. In such 
election they are said to exercise political power. 

§ 4. We notice next the division of the civil power. 
This power, in well constructed governments, is divided 
into three departments, the legislative, the executive, and 
the judicial. The legislative department is that by which 
the laws of the state are made. The legislature is compos- 
ed of two bodies, the members of which are elected by the 
people. In limited monarchies where one branch of the 
legislature is elective, the other is an aristocratic body, 
composed of men of wealth and dignity, as the British house 
of lords. 

§ 5. The executive department is intrusted with the 
power of executing, or carrying into effect, the laws of the 
state. There is in this department a governor, assisted by 
a number of other officers, some of whom are elected by 
the people ; others are appointed in such manner as the 
constitution or laws prescribe. The powers and duties of 
the governor of a state will be more particularly described 
in another place. 

§ 6. The judicial department is that by which justice is 
administered to the citizens : It embraces the several 
courts of the state. All judges and justices of the peace 
are judicial officers ; and they have power, and it is their 
business to judge of and apply the law in cases brought 
before them for trial. A more particular description of the 
powers and duties of judicial officers, and the manner of 

§ 3. What is said of political power in absolute and mixed governments ? § 4. 
How is the civil power divided ? What is the business of the legislature ? Ilovr 
vs a legislature constituted ? § 5. What is the executive department '? In whom 
is the power vested ? § 6. What is the bi;c:r/ ,a « of the judicial department '? Of 
what does it consist ? 



Chap. LX.J STATE GOVERNMENTS. 3", 

conducting" trials in courts of justice, will be given else* 
where. (Chap. XVII— XX.) 

§ 7. Experience has shown the propriety of dividing the 
civil power into these three departments, and of confining 
the officers of each department to the powers and duties be- 
longing to the same. Those who make the laws should 
not exercise the power of executing them ; nor should they 
who either make or execute the laws sit in judgment over 
those who are brought before them for trial. A govern- 
ment in which the different powers of making, executing, 
and applying the laws should be united in a single body of 
men, however numerous, would be little better than an 
absolute despotism. 

§ 8. Again, the legislative department of the civil power 
is divided. Under all our state constitutions, the legisla- 
ture consists of two branches, both of which must agree to 
a proposed measure before it becomes a law ; and in many 
of the states, it must also be approved by the governor. 
This is making the chief executive officer a third branch of 
the law-making power ; and is not in accordance with the 
principle of keeping the several departments of the civil 
power separate and distinct from each other. The reason 
for this departure from the general principle mentioned, 
will be stated in another chapter. (Chap. XI. § 16. ) 



CHAPTER IX. 

State Legislatures — how constituted. 



§ 1. The legislature of every state in the union is com 
posed of two houses — a senate and a house of representa- 
tives. The latter, or, as it is sometimes called, the lower 
house, in the states of New York, Wisconsin, and Cali- 
fornia, is called the assembly ; in Maryland and Virginia, 
the house of delegates ; in North Carolina, the house of 
commons ; and in New Jersey, the general assembly. In 

§ 7. Can you give any reasons for this division of the civil power ? § 8. How i* 
ihe legislative power divided ? Chap. IX. § 1. Of what branches is a legislature 
composed 1 



3R GOVERNMENT CLASS BOOK. v [Chap. IX 

most of the states, the two houses together are called 
(general assembly. 

§ 2. The senate, as well as the other house, is a repre- 
sentative body ; its- members being elected by the people 
to represent them. Why, then, is only one of the two 
branches called the house of representatives ? Perhaps for 
this reason : Under the governments of the colonies, while 
yet subject to Great Britian, there was but one representa 
tive assembly. The other branch of the legislature was 
called a council, consisting of a small number of men who 
were appointed by the king. After the colonies became 
free and independent states, a senate was substituted for 
the old council, and although it is an elective body, the 
other house, being much more numerous, is called, by way 
of distinction, the house of representatives. 

§ 3. Senators are chosen annually in the six New Eng- 
land states, namely, Maine, New Hampshire, Vermont, 
Massachusetts, Rhode Island, and Connecticut. In the 
other states they arc elected for terms of two, three, or 
four years. In most of the states in which senators are 
elected for longer terms than one year, they are not all 
elected at the same time. They are divided into classes ; 
and those of one class go out of ofSce one year, and those 
of another class another year ; so that only a part of the 
senators are elected every year, or every two, or three, or 
four years. 

§ 4. The senate, as distinguished from the house of re- 
presentatives, is sometimes called the upper house. It was 
designed to be a more select body, composed of men chosen 
with reference to their superior ability, or their greater ex- 
perience in public affairs. 

§ 5. Senators are differently apportioned in different 
states. In some states they are apportioned among the 
several counties, so that the number to be elected in each 
county shall be in proportion to the number of its inhabi- 
tants. In others they are elected by districts, equal in 
number to the number of senators to be chosen in the state, 
and a senator is elected in each district. The districts are 



■5. 2. Why is only one called house of representatives? § 3. For how long 
terms are senators chosen "*■ How long in this Suite 1 § 4. Why is the sen-atfl 
called upper house ? $ 5 How a re senators apportioned 'I How in this stated 



Chap. IX.] STATS GOVERNMENTS. &} 

to contain, as nearly as may bo, an equal number of inhabi- 
tants ; and sometimes they comprise several counties. 

§ 6. Representatives are apportioned among the counties iD 
proportion to the population in each. In some states they 
are elected in districts of equal population, counties being 
sometimes divided in the formation of districts. In the 
New England states, representatives are apportioned among 
the towns. In about one-half of the states, they are elected 
annually ; in the others, (including most of the southern 
and western states,) they are elected every two years. 

§ 7. The different modes of apportioning members of 
the legislature have in view the same object — equal repre- 
sentation ; that is, giving a member to the same number 
of inhabitants in one county or district as to an equal 
number in another. But in some counties the population 
increases more rapidly than in others. The representation 
then becomes unequal, being no longer in proportion to 
population. 

i § 8. In order to keep the representation throughout the 
state as nearly equal as possible ; in other words, to secure 
to the people of every county or district their just propor- 
tion of the representatives, the constitution requires that, 
at stated times, the people of the state shall be num- 
bered, and a new apportionment of senators and repre- 
sentatives be made among the several counties according 
to the number of inhabitants in each county ; or if the 
state is one in which members of the legislature are chosen 
in districts, a new division of the state is made into dis- 
tricts. 

§ 9. But the periods of time between the enumerations 
of the people, are not the same in all the states. In some 
states the enumerations are made every ten years ; in 
others, shorter periods have been fixed, from eight down to 
four years. This enumeration or numbering of the people 
is called taking the census. Census is from the Latin, and 
was used by the ancient Romans to signify a declaration 
or statement made before the censors by the citizens, con- 

§ 6. How are representatives apportioned ? For what terms elected ? How ap- 
portioned, and for what term elected in this state ? § 7. What is the genera) 
object of apportionment 1 §8. How in an equal representation provided for ? 
§ 9. How often are enumerations made 1 How often ; n this state 1 DeSni' 
f.cn $us 1 



10 GOVERNMENT CLASS LOOK. v (Chap. X 

taining an enumeration or register of themselves, their 
wives, children, servants, and their property and its valua- 
tion. In the United States, although the census sometimes 
includes a similar register, the word usually means simply 
an enumeration of the people. 

§ 10. The constitution also prescribes the qualifications 
of senators and representatives. If, as qualifications for 
an elector, full age, citizenship, and a considerable term 
of residence in the state and county, are properly required, 
as we have seen, (Chap. VI. § 2-5,) they must be at least 
equally necessary for those who make the laws. In no 
state, therefore, are any but qualified electors eligible to 
the office of senator or representative. In some states, 
greater age and longer residence are required ; and in 
some, the age and term of residence have been still further 
increased in the case of senators. The property qualifica- 
tion formerly necessary for members of the legislature, as 
well as for voters, has been almost entirely abolished. 
(Chap. VI. § 8.) 

§ 11. If a member of the legislature dies, or resigns his 
office before the expiration of the term for which he was 
chosen, the vacancy is filled by the election of another per- 
son at the next general election, or at a special election call 
ed for that purpose, or in such other manner as the constitu« 
tion may provide. But a person chosen to fill a vacancy, 
holds the office only for the remainder of the term of him 
whose place he was chosen to supply. 



CHAPTER X. 

Meetings and Organization of the Legislature 

§ 1. The legislature meets as often as the constitution 
requires, to enact such laws as may be necessary to pro 
mote the public welfare, and to perform such other autiea 

4 10. What are the qualifications of senators and representatives in this ,-fato r > 
§ 11. How are vacancies filled in the senate? Chap. X. §1. How often 4. regis 
latures meet 1 How often in this state % What is meant by session ? 



Chap. X.] STATE GOVERNMENTS. 4 J 

as are assigned to it by the constitution and the laws. In 
about half of the states, sessions are held annually ; in the 
others biennially, or once in two years. A legislative ses- 
sion includes the daily meetings of a legislature from the 
time of its first assembling, to the day of final adjournment. 
Thus we say the session commenced in January and ended 
in March. The word session has reference also to a single 
sitting, from the hour at which the members assemble on 
any day, to the time of adjournment on the same day. 
Thus we say, the legislature holds a daily session of four 
hours ; or, it holds two sessions a day, as the case may be. 

§ 2. Meetings of the legislature are held at a place per- 
manently fixed by the constitution ; at which place the prin- 
cipal state officers keep their offices. Hence it is called 
the seat of government, or perhaps more frequently, the capital 
of the state. Capital is from the Latin caput, the head, and 
has come to mean chief, or the highest. A capital city is 
therefore the chief city of a state or kingdom. But the 
word capital, applied to a city, now generally indr, ates the 
seat of government. 

§ 3. When the two houses have assembled in their re* 
spective chambers, some person designated for \iiat pur- 
pose administers to the members of each house the oath of 
office, in which they solemnly swear (or affirm,) that they 
will support the constitution of the United States, and the 
constitution of the state, and faithfully discharge the duties 
of their office. 

§ 4. Each house then proceeds to organize for business, 
by appointing proper officers, and determining the right of 
members to seats in the house. In organizing a legislative 
body, the first thing done is the election of a presiding 
officer, or chairman, who is usually called speaker. The 
lieutenant-governor, in states in which there is one, pre- 
sides in the senate, and is called president of the senate. In 
the absence of the presiding officer, a temporary speaker 
or president is chosen, who is called speaker or president 
p -o tempore, commonly abbreviated, pro tern., which is a Latic 
phrase, meaning for the time. 

§ 5. The duty of the person presiding is to keep ordet 7 

'5 2. Where do legislatures meet? What is the place called? § 3. To what 
are members bound by their oath of office ? § 4. How are the houses organized '? 
What are the presiding officers called ? § 5. What are their general duties ? 



42 GOVERNMENT CLASS BOOK. [Chap \ 

and to see that the business of the house is conducted 
according to certain established rules. When a vote is to 
be taken, he puts the question, which is done by request- 
ing all who are in favor of a proposed measure, to say aye, 
and those opposed to say no. And, when a vote has been 
taken, he declares the question to be carried or lost. This 
part of a speaker's business is similar to that of the chair- 
man of an ordinary public meeting. 

§ 6. The other officers chosen by each house are, a dark to 
keep a record or journal of its proceedings ; to take charge 
of papers, and to read such as are to be read to the house ; 
and to do such other things as may be required of him ; 
a sergeant-al-arms, to arrest members and other persons guilty 
of disorderly conduct, to compel the attendance of absent 
members, and to do other business of a like nature : also 
one or more door-keepers. The officers mentioned in this sec- 
tion are not chosen from the members of the house. 

§ 7. The constitution does not prescribe to either house 
the order of business, or the particular manner in which it 
shall be done ; but authorizes each house to determine for 
itself the rules of its proceedings. But there are sundry 
things which it expressly enjoins. It determines what 
portion of the members shall constitute a quorum to do 
business. Quorum is the Latin of the English words, of 
whom, and has strangely come to signify the number or por- 
tion of any body of men who have power to act for the 
whole. Thus with reference to a legislative body consist- 
ing of a certain number of members, instead of saying, A 
majority quorum shall have power to act ; or, A majority of 
whom shall have power to act, our constitutions generally 
say, A majority shall constitute a quorum to do business. 
In some states, more than a bare majority is required for 
a quorum. 

§ 8. Constitutions generally require also that the proceed- 
ings of legislative bodies shall be open to public inspection. 
The dcors may be closed against spectators only when the 
public good shall require secrecy. And that the people 
may be fully informed of what is done, each house is re- 
quired to keep and publish a journal of its proceedings. 

§ 6. What other officers are chosen ?■ and what are their duties 1 §7. Define 
quorum. V hat number is a quorum in this state ? 6 8 Are the proceedings 

ever secret? 



Chap. XL] STATE GOVERNMENTS. 43 

§ 9. Provision is also made, either by the constitution or 
by law, against injury or interruption to the business 
of the legislature. . Members may not, by any prosecution 
at law, except for crimes and misdemeanors, be hindered 
during their attendance at the sessions of the legislature, 
uor in going to or returning from the same. Each house 
may compel the attendance of absent members. It may 
for good cause expel a member, and punish, not only its 
members and officers, but other persons, for disorderly 
conduct, or for obstructing its proceedings. 



CHAPTER XI. 

Manner of Enacting Laws. 



§ 1. When the two houses are duly organized and ready 
for business, the governor sends to both houses a written 
communication called message, in which, as the constitution 
requires, he gives to the legislature information of the con- 
dition of the affairs of the state, and recommends such 
measures as he judges necessary and expedient. The mes- 
sage is read to each house by its clerk. 

§ 2. But the measures to which the governor calls the 
attention of the legislature, are but a small portion of those 
which are considered and acted upon. Many ai.3 intro- 
duced by individual members. Others are brought into 
notice by the petitions of the people in different parts of 
the state. Petition generally signifies a request or prayer. 
A.s here used, it means a written request to the legislature 
for some favor — generally for a law granting some benefit 
or relief to the petitioners. Petitions are sent to members, 
usually to those who represent the counties or districts in 
which the petitioners live, and are by these members pre- 
sented to the house. 



$ 9. What provision is made to prevent interruption ? Chap. XI. $ 1 
When is the governor's message communicated 1 What does it contain ? § &. 
£n what other way are measures introduced ? 



44 GOVERNMENT CLASS BJOK. Chap. XI ] 

§ 3. Now it is evident, that a proper consideration of the 
numerous subjects pressed upon the attention of the legis- 
lature — some of them of very great importance — must re- 
quire much labor. If the necessary investigation of so 
many subjects should occupy the time of the whole house, 
there would not be time enough to act upon one-half of 
them. Therefore, in order to dispatch business, the labor 
of the house must be divided, that the investigation of all 
the different subjects may be going on at the same time. 

§ 4. Hence arises the practice which prevails in all 
legislative bodies, of the appointment of committees. As 
soon as may be, after a house is organized, committees are 
appointed on all subjects usually acted on in the legisla- 
ture. A legislative committee is generally composed of 
three, live, or seven members, who examine the subjects 
referred to them, and report the result of their examination 
to the house. Committees are appointed by the presiding 
officer of each house. Occasionally, though very rarely, 
they are elected by the house itself. 

§ 5. Some or all of the following committees are ap- 
pointed in every legislature : a committee on finance, or 
the funds, income, and other money matters of the state, 
sometimes called .the committee of ways and means ; a 
committee on agriculture ; a committee on manufactures ; 
committees on the incorporation of cities and villages ; on 
banks and insurance companies ; on railroads ; on canals ; 
on education ; on elections j on public printing, besides 
many others. So numerous are these subjects, that in con- 
stituting the committees, every member may be put on 
some committee. 

§ 6. All matters relating to these subjects of a genera- 
nature, which arise during the session, are referred to their 
appropriate committees. Thus, a question or proposition 
relating to banks, is referred to the committee on banks ; 
matters relating to rail-roads, are referred to the committee 
on rail-roads ; those relating to schools, are referred to the 
committee on education, &c. As these committees con- 
tinue during the session, they are called standing commit- 
tees. When a question arises having no relation to any 

§ 3, 4. What is done to expedite business ? Iljw are committees appointed ? 
and what do they do ? §5. Name some of the committees. § 6. Wha* ar* 
standing committees ? Select committees 1 



Chap. XL] STATE GOVERNMENTS. 45 

subject on which there is a standing* committee, it is 
usually referred to a special or select committee appointed tc 
consider this particular matter. 

§ 7. Committees meet in private rooms, during hours 
when the house is not in session ; and any person wishing 
co be heard in favor of or against a proposed measure, may 
appear before the committee having it in charge. Having 
duly considered the subject, the committee reports to the 
house the information it has obtained, with the~ opinion 
whether the measure ought or ought not to become a law. 
Measures reported against by committees, seldom receive 
any further notice from the house. 

§ 8. From what has been said, the utility of committees 
is readily seen. Although no proposed measure can be- 
come a law unless acted on and approved by the two 
houses, its necessity may be inquired into, and the infor- 
mation necessary to enable the house to act understand 
ingly upon the question, may be obtained, as well by a few 
members as by the whole house. By the daily examina- 
tion of so many subjects in committee, a large amount of 
business is soon prepared for the house to act upon, and 
much of its time is saved. 

§ 9. If a committee reports favorably upon a subject, it 
usually brings in a bill with its report. A bill is the form 
or draft of a law. Not all bills, however, are reported by 
committees. Any member of the house desiring the pas- 
sage of a law, may give notice that he will, on some future 
day, ask leave of the house to introduce a bill for that pur- 
pose ; and if, at the time specified, the house shall grant 
leave, he may introduce the bill. But at least one day's 
previous notice must be given of his intention to ask leave, 
before it can be granted. 

§ 10. The different steps in the progress of a bill, or the> 
different forms of action through which it has to pass, are 
numerous. A minute description of them in a work de- 
signed chiefly for youth, will scarcely be expected. A 
thorough knowledge of the proceedings of legislative as- 
semblies, can be practically beneficial, in after life, to but 
few of those who shall study this elementary treatise 

§ 7. How do committees discharge their dutisa 1 § 8. Wherein does the util- 
ity of committees appear 1 § 9. What is a bill 1 $ 10. By whom, and how- 
fcro bills introduced 1 



46 GOVERNMENT CLASS BOOK. [Chap. XI. 

Those who shall hereafter have occasion for this knowledge, 
will find works adapted to a more mature age, in which 
the subject is fully treated. 

§ 11. A bill, before it is passed, must be read three 
times ; but it may not be read twice on any one day with- 
out unanimous consent, that is, the consent of the whole 
house ; or, as is believed to be the rule in some bodies, the 
consent of three-fourths, or two-thirds of the house. In 
some legislatures, the rule allows the first and second read- 
ings to be on the same day. A bill is not to be amended 
until it shall have been twice read. Nor is it usual for it 
to be opposed until then ; but it may be opposed and re- 
jected at the first reading. 

§ 12. After a bill has been twice read, and fully debated 
and amended, it is proposed to be read on a future day the 
third time. If the question on ordering the bill to a third 
reading is not carried, the bill is lost, unless revived by a 
vote of the house to reconsider. But if the question to 
read the third time is carried, the bill is accordingly read 
on a future day, and the question taken on its final passage. 

§ 13. When the final vote is to be taken, the speakei 
puts the question : " Shall the bill pass ?" If a majority 
of the members present vote in the affirmative, (the speak- 
er also voting,) the bill is passed ; if a majority vote in 
the negative, the bill is lost. Also if the ayes and noes are 
equal, it is lost, because there is not a majority in its favor. 
In a senate where a lieutenant-governor presides, not be- 
ing properly a member, he does not vote, except when the 
ayes and noes are equal ; in whicn case there is said to be 
a lie ; and he determines the question by his vote, which is 
called the casting vote. In some states, on the final pas- 
sage of a bill, a bare majority of the members present is 
not sufficient to pass it, in case any members are absent. 
The constitutions of those states require the votes of a 
majority of all the members elected to each house. 

§ 14. When a bill has passed one house it is sent to the 
other, where it must pass through the same forms of action ; 
that is, it must be referred to a committee ; reported by 
the committee to the house ; and be read three times before 

l 11. How often must a bill be read ? When is it amended ? § 12. After 
ihe second reading and amendment, what follows ? § 13. Describe the proceed- 
ings on the final passage of a bill. § 14. How is it acted on in the other hor** 



0bap. XII.J STATE GOVERNMENTS. 4} 

a vote is taken on its passage. This vote having been 
taken, the bill is returned to the house from which it was 
received. If it has been amended, the amendments must 
be agreed to by the first house, or the second must recede 
from their amendments, or the amendments must be so mod- 
ified as to secure the approval of both houses, before the 
bill can become a law. 

§ 15. Some young reader may inquire why a bill should 
take so long and slow a course through two different 
houses ; and why one body of representatives is not suffi- 
cient. The object is to secure the enactment of good laws 
Notwithstanding bills go through the hands of a commit- 
tee and three different readings in the house ; yet through 
undue haste, wrong information, or from other causes, a 
house may, and often does, commit serious errors. Legis- 
latures are therefore divided into two branches ; and a bill 
having passed one house is^sent to the other where the 
mistakes of the former maybe corrected, or the bill wholly 
rejected. 

§ 16. But in many of the states, a bill, when passed by 
both houses, is not yet a law. As the two houses may 
concur in adopting an unwise measure, an additional safe- 
guard is provided against the enactment of bad laws, by 
requiring all bills to be sent to the governor for examina- 
tion and approval. If he approves a bill, he signs it, and 
it is a law T ; if he does not sign it, it is not a law. In re- 
fusing to sign a bill, he is said to negative, or veto the bill. 
Veto, Latin, means, I forhid. 

§ IT. But no governor has full power to prevent the pas- 
sage of a law. If he does not approve a bill, he must re- 
turn it to the house in which it originated, stating his 
objections to it ; and if it shall be again passed by both 
houses, it will be a law without the governor's assent 
But in such cases greater majorities are generally required 
to pass a law. In some states, a majority of two-thirds of 
the members present is necessary ; in others, a majority of 
all the members elected. In a few states, only the same major- 

§ 15. Why is a legislature divided into two branches ? § 16. Why are bil!3 
pubtnitted to the governor for his approval ] Define veto. § 17. What if a 
governor refuses to sign a bill 1 Are bills presented to the governor in this 
state 7 If so, and he disapproves them, by what majorities must they be sgaiii 
passed 1 Within how many day3 is he to return bills in this state \ 



48 GOVERNMENT CLASS BOOK. » [Chap XI L 

ities are required to pass a bill against the veto as in the 
Gist instance. Or if the governor does not return a bill 
within a certain number of days, it becomes a law without 
lis signature, or without being considered a second time. 
In some states, bills are not sent to the governor, but are 
laws when passed by both houses and signed by their pre- 
siding officers. 



CHAPTER XII. 

Executive Department. Governor and Lieutenant-Governor 

§ 1. The chief executive power of a state is, by the con 
stitution, vested in a governor. The governor is chosen 
by the people at the general election ; in Soutfc Carolina 
by the legislature. The term of office is not the same in 
all the states. In the six New England states, the gov- 
ernors are chosen annually ; in the other states, for the 
different terms of two, three, and four years. 

§ 2. The qualifications for the office of governor are 
also different in the different states. To be eligible 
to the office of governor, a person must have been 
for a certain number of years a citizen of the United States, 
and for a term of years preceding his election a resident 
of the state. He must also be above a certain age, which, 
in a majority of the states, is at least thirty years ; and in 
some states he must be a freeholder. 

§ 3. The powers and duties of a governor are numerous. 
He communicates by message to the legislature, at every 
session, information of the condition of the state of its 
affairs generally, and recommends such measures as he 
judges necessary and expedient. He is to take care tnat 
the laws be faithfully executed, and to transact all neces- 
sary business with the officers of the government. He 
may convene the legislature on extraordinary occasions : 

Chap. XII. § 1. For what terms are governors cbosen 1 For what term ic 
ihia state 1 § 2. What are the qualifications for governor in this state ? § a 
What are his general powers and duties 1 



Chap. XI.J STATE GOVERNMENTS. 49 

that is, if, at a time when the legislature is not in session, 
a matter should arise requiring immediate attention, the 
governor may call a special meeting of the legislature, osr 
as it is usually termed, an extra session. 

§ 4. A governor has power to grant reprieves and par- 
dons, except in cases of impeachment, and, in some states, 
of treason. To reprieve is to postpone or delay for a time 
the execution of the sentence of death upon a criminal 
To pardon is to annul the sentence by forgiving the offense 
and releasing the offender. A governor may also commute 
a sentence ; which is to exchange one penalty or punish- 
ment for another of less severity ; as, when a person 
sentenced to suffer death, is ordered to be imprisoned. 

§ 5. The governor has power also, in some of the states, 
with the consent of the senate, to appoint the higher offi- 
cers of the militia of the state, and the higher civil officers 
in the executive and judicial departments. In a few of 
the states, there are executive councils whose advice and 
consent are required in such cases. In making such ap- 
pointments, the governor nominates, that is, he names to the 
s-:enate, in writing, the persons to be appointed. If a ma- 
jority of the senators consent, the persons so nominated 
are appointed. Many other duties are by the constitution 
devolved upon the governor. 

$ 6. A lieutenant-governor has few duties to perform. 
He presides in the senate, in which he has only a casting 
vote. In the state of New York, he serves in some of the 
boards of executive officers. In nearly one-half of the states 
the office of lieutenant-governor does not exist. The chief 
object of electing this officer seems to be to provide a suit- 
able person to fill the vacancy in the office of governor in 
case the latter should die, resign, be removed, or otherwise 
become incompetent. 

§ 7. When the lieutenant-governor acts as governor, the 
senate chooses from its own number a president. If the 
offices of both the governor and lieutenant-governor should 
become vacant, the president of the senate must act as 

§ 4. In what cases has he power to grant reprieves and pardons? Deftie 
these words. What is commute ? §5. Are any officers in this state appointed 
by the governor ? Is there a council 1 § 6. What are the duties of a lieuten- 
ant-governor 7 Is there one in this state 1 §7. When he acts as governor, 
who takes the chair of the senate 1 



50 GOVERNMENT CLASS BOOK. * [Chap. XIII 

governor. If there should be neither a governor, a lieu* 
tenant-governor, nor a president or speaker of the senate, 
then the speaker of the house of representatives would be- 
come the acting governor. This is believed to be the rule 
for supplying vacancies in most if not all of the states. 



CHAPTER XIII. 

Assistant Executive State Officers. 



§ 1. Among the executive officers who assist in the **<i 
ministration of the government, there are in every state, 
some or all of the following : a secretary of state, a con- 
troller or auditor, a treasurer, an attorney-general, a sur- 
veyor-general. The mode of their appointment and the 
terms of their respective offices, are prescribed by the con- 
stitution or by law. In some states they are appointed by 
the governor and senate ; in others by the legislature ; and 
in others they are elected by the people. They keep their 
offices at the seat of government of the state. 

§ 2. The secretary of state keeps a record of the official 
acts and proceedings of the legislature and of the executive 
departments, and has the care of the books, records, deeda 
«)f the state, parchments, the laws enacted by the legisla- 
ture, and all other papers and documents required by law 
to be kept in his office. He causes the laws passed by the 
legislature to be published in one or more newspapers, as 
directed by law ; and also to be printed and bound in a 
volume, and distributed among the state officers for their 
use, and among the county and town clerks, to be kept in 
their offices for the use of the people who wish to examine 
the laws. Also one or more copies are exchanged with 
each of the other states for copies of their laws to be kept 
in the state library. Various other duties are performed by 
the secretary. 



CflAP. XIII. § 1. What assistant executive officers are there in this state* 
Are they appointed or elected 1 §2. What are the duties of the secretary of 
rtatel 



/Jhai.XIIL] STATE GOVERNMENTS. 51 

§ 3. The state auditor, in some states called controller 
manages the financial concerns of the state ; that is, the 
business relating to the money, debts, land and other pro- 
perty of the state. He examines and adjusts accounts and 
claims against the state, and superintends the collection of 
moneys due the state. When money is to be paid out of 
the treasury, he draws a warrant (a written order,) on the 
treasurer for the money, and keeps a regular account with 
the treasurer of all moneys received into and paid out of 
the treasury. And he reports to the legislature or other 
proper officers, a statement of the funds of the state, and ot 
its income and expenditures during each year. 

§ 4. The treasurer has charge of all the public moneys 
that are paid into the treasury, and pays out the same as 
directed by law ; and he keeps an accurate account of such 
moneys, specifying the names of the persons from whom 
they are received, to whom paid, and for what purposes. 
He also exhibits annually. a statement of moneys received 
and paid out by him during, the year, and of the balance in 
the treasury. 

§ 5. Auditors, treasurers, and other officers intrusted 
with the care and management of money or other property, 
are generally required, before they enter on the duties ol 
their offices, to give bonds, in sums of certain amount 
specified in the law, with sufficient sureties, for the faithful 
performance of their duties. The sureties are persons who 
bind themselves to pay the state all damages arising from 
neglect of duty on the part of the officers, not exceeding 
the sum mentioned in the bond. 

§ 6. The attorney-general is a person learned in the law, 
appointed to act for the state in law-suits in which the 
state is a party. He prosecutes persons indebted to the 
state, and causes to be brought to trial persons charged 
with certain crimes. He also gives his opinion on questions 
of law submitted to him by the governor, the legislature, 
and the executive officers. In some states there is no at- 
torney-general. In such states prosecutions in behalf of 
the state are conducted by the state's attorney for eaoh 
county. 

§ 3. Of an auditor cr controller ? § 4. Of a treasurer 1 § 5. Of what officers 
are sureties required 1 $ 6. What are the duties of an attorney-general 1 la 
there one in this state 1 



52 GOVERNMENT CLASS BOOK. v [Chap. Xin 

§ T. The surveyor-general superintends the surveying of 
the lands belonging to the state. He keeps in his office 
maps of the state, describing the bounds of the counties and 
townships ; and when disputes arise respecting the bound- 
aries, he causes surveys to be made, if necessary, to ascer- 
tain such bounds. He performs certain other duties of a 
similar nature. In many of the states there is no surveyor- 
general, the duties of that office being done by a county 
surveyor in each county. 

§ 8. There is also, in many of the states, a superintendent 
of schools , called in some states, superintendent of public in- 
struction, whose principal duties are described iiv a subse- 
quent chapter. (Chap. XXII, § 10.) 

§ 9. There is also a printer to the state, or state printer, 
whose business it is to print the journal, bills, reports, and 
other papers and documents of the two nouses of the legis- 
lature, and all the laws passed at each session. State 
printers are either chosen by the legislature, or employed 
by persons authorized to make contracts for the public 
printing ; or the printing is let to the lowest bidder. 

§ 10. There are other officers employed by the state, 
among whom are the following : a state librarian, who has 
charge of the state library, consisting of books containing 
matter of a public nature, such as the laws of all the states, 
and of the United States, with a large collection of miscel- 
laneous books ; persons having the care of the public build- 
ings and other property of the state ; superintendents of 
state prisons, lunatic asylums, and other state institutions, 
whose duties are indicated by their titles, and need no par- 
ticular description. 



$ 7. The duties of surveyor-general ? Is there one in this state 1 § 8. A 
superintendent of schools 1 $ 9. What is the business of state printer 1 § 10. 
What other state officers are there 1 



Chap. XIV.] STATE GOVERNMENTS 53 

CHAPTER XIV. 

Counties ind County Officers. Powers and Duties of County Oncers. 

§ 1. Some of the purposes for which a state is divided 
into small districts have been mentioned. (Chap. VII, § 1.) 
There are other reasons, equally important, for these terri- 
torial divisions. Laws for the whole state are made by 
the legislature ; but certain regulations may be necessary 
for the people in some parts of the state which are not 
needed in others, and which the people of these places can 
better make for themselves. It is the business of the gov- 
ernor and his assistant executive state officers to execute 
or carry into effect the laws of the state ; but they could 
not see this done in every place, or in every minute portion 
of -the state. Again, for the convenience of those who may 
be obliged to go to law to obtain redress for injuries, 
courts of justice must be established near the residence of 
every citizen. 

§ 2. But in order to carry out these objects, a state must 
be divided into small districts with fixed boundaries, that 
it may be known what persons come under certain regula- 
tions, and over whom these local officers are to exercise 
authority. The smallest territorial divisions of a state are 
called townships, or towns, which contain generally from 
twenty-five to one hundred square miles, and which, if in 
a square form, would be from five to ten miles square. 
But for certain purposes larger districts than townships 
have been found necessary. These are formed by the 
union of several townships, and are called counties. These 
divisions are the same as those of England, the country 
from which the colonies (now states) were chiefly settled. 

§ 3. Counties in England were formerly districts gov- 
erned by counts or earls ; from which comes the name of 
county. A county was also called shire ; and an officer was 
appointed by the count or earl to perform certain acts in 
the principal town in the county, which was called 

Chap. XIV. § 1. For what reasons is a state divided into counties and town- 
ships 1 § 2. How large are townships 1 §3. From what comes the name oi 
county ? Of shire, and sheriff" ? 



54 GOVERNMENT CLASS BOOK. [Chap. XIV 

shire town, and the officer was called shire-reeve, or sheriff \ 
whose powers and duties were similar to those of the 
sheriff ot a county in this country. The -*hire town is that 
in which the couit-house and other county buildings are 
situate, and where the principal officers of the county trans- 
act their business. In a few counties there are two town? 
in which the courts are held alternately. Hence each divi- 
sion is called a half -shire. 

% 4. Counties and towns are bodies politic, or bodies 
corporate. Corporate is from the Latin, corpus, which means 
oody. A corporation, or body politic, is an association of 
persons authorized by law to transact business under a 
common name, and as a single person. The laws of the 
state give such authority to the inhabitants of counties 
and towns. The people of a town or county have 'power, 
to some extent, to manage their own internal affairs, and 
to make rules and regulations for their government ; and 
they may hwy, hold, and sell property, and sue and be sued, 
as an individual. Similar powers are given to rail-road, 
banking, insurance, and other incorporated companies 
But there is in some respects a difference between these 
corporations and those which are created for purposes of 
government; as states, counties, towns, cities, and villages, 
which will be noticed in another place. (Chap. XVI.) 

§ 5. As a county possesses various corporate powers, 
there must be among its officers some in whose name these 
powers are to be exercised. In some states there is a 
board of county commissioners, (usually three,) who exercise 
corporate powers. In a few, these powers are exercised 
by and in the name of the board of supervisors, which is com- 
posed of the supervisors of the several towns in the county, 
of whom there is one supervisor in each town. These 
boards, or such officers in other states as exercise these 
powers, have generally the power also to examine and 
settle the accounts against the county, and to make orders 
and contracts in relation to the building or repairing of 
the court-house, jail, and other county buildings ; and to 
perform such other acts as the laws require. 

§ 6. There is in each county a treasurer to receive and 

§ 4. Define corporation. What powers have town and eounly corporations 1 
I 5. In what officers are the*e powers vested 1 In whom in this state 1 § (i 
U'bit are the duties of a county treasurer 1 



Chap AlV.J STATE GOVERNMENTS. 55 

pay out the moneys required to be collected and paid out 
in the county. There is also, in some states, a county 
auditor to examine and adjust the accounts and debts of 
the county, and to perform certain other duties. The busi- 
ness of county treasurers and auditors in their respective 
counties, is of the same nature as that of state auditors 
and treasurers. In states in which there is no county 
auditor, the duties of auditor are performed by the treas- 
urer, and some other county officer or officers. 

§ 1. There is also in each county a register or recorder, 
who records in books provided for that purpose, all deeds, 
mortgages, and other instruments of writing required by 
law to be recorded. In New York, and perhaps in some 
other states, the business of a register or recorder is done 
by a county clerk, who is also clerk of the several courts 
held in the county, and of certain boards of county officers. 
In some states, deeds, mortgages, and other written instru- 
ments, are recorded by the town clerks of the several 
towns. 

§ 8. Another county officer is a sheriff, whose duty it is 
to attend all the courts held in the county ; to execute all 
warrants, writs, and other process directed to him by the 
courts ; to apprehend persons charged with crime ; and to 
take charge of the jail and of the prisoners therein. It is 
his duty, also, to preserve the public peace ; and he may 
cause all persons who break the public peace within his 
knowledge or view, to give bonds, with sureties, for keep- 
ing the peace, and for appearing at the next court to be 
held in the county, and to commit them to jail if they refuse 
to give such bonds. A sheriff is assisted by deputies. 

§ 9. There are in each county one or more coroners, whose 
principal duty is, to inquire into the cause of the death of 
persons who have died by violence, or suddenly, and by 
means unknown. Notice of the death of a person having 
so died is given to a coroner, who goes to the place of such 
dead person. A jury is summoned to attend the examina- 
tion ; witnesses are examined ; and the jury give their 
opinion in writing as to the cause and manner of the death. 
Such inquiry is called a coroner's inquest. In one or twt» 

$7. Of a register or recorder ? Where are deeds, &c, recorded in thia 
state? § 8. What are a sheriff's duties 1 § 9. What is the business oi' a 
coroner ? 



56 GOVERNMENT CLASS 1300K [Chap XV 

states, the office of coroner, it is believed, does not exist j 
in which case the inquest is held by a, justice of the peace, 
or some other officer. 

$ 10. An attorney, elected or appointed for that purpose, 
attends all courts in which persons are tried in the county 
for crimes committed therein, and conducts the prosecutions 
in the trial of the offenders. In states where there is no 
attorney-general for the state, the prosecuting- attorney for 
each county serves in this capacity, in trials in which the 
state is a party. As all crimes and breaches of the peace 
are considered as committed against the state, and prose- 
cuted in its name, this attorney is sometimes called state* 
attorney. 

§ 11. In some states there is a cottnty-surveyor, whose 
duties within his county are similar in their nature to those 
of a state surveyor-general. 

§ 12. County officers are generally elected by the people 
of the county. Some of them are, in some of the states, 
appointed by some authority prescribed by the constitution 
or laws of the state. 



CHAPTER XV. 

Town* and Town Officers. Powers and Duties of Town Officers. 

§ 1. The districts of territory into which counties are 
livided, are, in some states, called towns. In others they 
are called, and perhaps more properly, townships ; and the 
name of town is given to an incorporated village, or a city. 
We shall, however, in this work, apply to these territorial 
divisions the shorter name of towns, as they are called in 
most of the old states. 

§ 2. The electors of the several towns meet once a year 
for the election of town officers, and for certain other busi- 
ness purposes. The electors of a town have power, at their 

§ 10. Are there state's attorneys in the counties of this state? § 11. Is theroa 
county surveyor 1 § 12. Are county officers elected by the people in this state 7 
Chap. XV. § 1. Into what are counties divided ? §2. What is done at th» 
annual town meetings ? 



Chap.XV.J STATE GOVERNMENTS. 57 

annual town meetings, to order money to be raised for the 
support of the poor, for the building and repairing of bridges, 
and for other town purposes ; to make regulations con- 
cerning fences ; to fix the compensation of town officers in 
certain cases ; and to perform such other duties as come 
within the usual powers of towns. The powers of towns, 
however, are not precisely the same in all the states. 

§ 3. Among the town officers elected at town meetings, 
are the following; not all of them, however, are elected in 
any one state : One or more persons who have the general 
oversight and direction of town affairs, called by some 
name corresponding to the nature of their duties ; a town 
clerk ; one or more assessors ; justices of the peace ; over- 
seers of highways ; overseers of the poor ; school officers ; 
constables ; a collector of taxes ; a treasurer ; fence- 
viewers ; pound-keepers, &c. In some states there are 
also sealers of weights and measures ; persons to measure 
and inspect wood, lumber, bark, and other commodities. 

§ 4. The officers first mentioned in the preceding section, 
are, in the New England states, called selectmen, of whom 
there are at least three, and may in no state be more 
than nine, in each town. In a few states they are called 
trustees of townships, and are three in number. In a few 
other states, there is in each town one such officer, called 
supervisor. The powers and duties of these officers are 
more numerous in some states than in others. They have 
power to lay out roads, and lay out and alter road districts ; 
to do certain acts relating to roads, bridges, taxes, common 
schools, the support of the poor, &c. ; and to examine and 
settle all demands against the town. In some of the states, 
some of these duties are performed by other officers. 

§ 5. The town-clerk keeps the records, books, and papers 
of the town. He records in a book the proceedings of town 
meetings, the names of the persons elected, and such other 
papers as are required by law to be recorded. In some 
states, deeds and other conveyances are required to be re- 
corded by the clerks of towns. 
; [For a description of the duties of assessors and justices of 



$ 3. What officers are elected 1 Are all the?e elected in the towns of this statel 
4 4. What are those officers called who direct town affairs'? What in chi* 
state ? § 5. What are the duties of a town clerk 1 



58 GOVERNMENT CLASS BOOK. [Chap XV 

the peace, see Assessment and Collection of Taxes, and 
Justices' Courts.] 

§ 6. For the repairing" of highways, a town is divided by 
the proper officers into as many road districts as may be 
judged convenient ; and a person residing in each district 
is chosen, called overseer or supervisor, or surveyor of highways, 
whose duty it is to see that the roads are repaired and kept 
in order in his district. In some states a tax is laid and 
collected for this purpose ; and each person assessed may 
perform labor or furnish materials to the amount of his 
tax. In other states, road taxes are assessed upon the 
citizens in days' labor, according to the value of their pro- 
perty ; every man, however, being first assessed one day 
for his head, which is called a poll-lax. Persons not wish- 
ing to labor, may pay an equivalent in money, which is 
called commuting. 

§ 7. Overseers of the poor provide for the support of the 
poor belonging to the town who need relief, and have no 
near relations who are able to support them. In some 
states there is . in each county a poor-house, to which the 
poor of the several towns are sent to be provided for ; the 
expense to be charged to the towns to which such poor 
persons belonged. 

§ 8. The principal duties of a constable are, to serve all 
processes issued by justices of the peace in suits at law for 
collecting debts, and for arresting persons charged with 
crimes. The business of a constable in executing the 
orders of a justice of the peace, is similar to that of a 
sheriff in relation to the county courts. 

§ 9. The town treasurer receives all moneys belonging to 
the town, and pays them out as they may be wanted for 
town purposes ; and accounts yearly to the proper officers. 
The office of town treasurer does not exist in all the states. 

§ 10. The duties of fence-viewers relate chiefly to the set- 
tling of disputes between the owners of adjoining lands con- 
cerning division fences ; the examining or viewing of 
fences when damage has been done by trespassing ani- 
mals ; and the estimating of damages in such cases. 

§ 6. What officers in this state have the care of highways? What is a poll' 
tax? § 7. By whom are the poor provided for? Are there county poor-house? 
in this state ? § 8. The duties of constables ? § 9. Of treasurer ? Are there 
town treasurers in this state ? § 10. The duties of fence-viewers ? § 11. Of town- 
sealer ? 



[Chap. XVI. 



STATE GOVERNMENTS 



D9 



§ 11. The town sealer keeps correct copies of the :>tandard 
of weights and measures established by the state. Standard 
copies are furnished by the state sealer to each county 
sealer, at the expense of the county, and the county sealer 
furnishes each town sealer a copy at the expense of the 
town. The town sealer compares the weights and mea- 
sures brought to him with the copy in his possession, and 
sees that they are made to agree with it, and seals and 
marks them. A person selling by a weight or measure 
that does not agree with the standard, is liable to the pur- 
chaser for damages — generally to several times the amount 
of the injury. 

For a particular description of the duties of town officers, 
reference must be had to the laws of the several states. 



CHAPTER XVI. 

Incorporation and Government of Cities, Villages, &o. 

§ 1. Cities and incorporated villages have governments 
peculiar to themselves. Places containing a large and close 
population need a different government from that of 
ordinary towns or townships. . Many of the laws regula- 
ting the affairs of towns thinly inhabited, are not suited to 
a place where many thousand persons are closely settled. 
Besides, the electors in such a place would be too numerous 
to meet in a single assembly for the election of officers or 
the transaction of other public business. 

§ 2. Whenever, therefore, the inhabitants of any place 
become so numerous as to require a city government, they 
petition the legislature for a law incorporating them into a 
city. The law or act of incorporation is usually called a 
charter. The word charter is from the Latin charta, which 
means paper. The instruments of writing by which kings 
or other sovereign powers granted rights and privileges to 
individuals or corporations, were written on paper or 



Chap. XVI. § 1. Why is the incorporation of cities. Ac, necessary 1 § 2. How 
are city charters obtained ? Define charter ? 



60 GOVERNMENT CLASS BOOK. [Chii XVI 

parchment, and called charters. In this country, it is com- 
monly used to designate an act of the legislature conferring 
privileges and powers upon cities, villages, and other cor- 
porations. 

§ 3. The chief executive officer of a city is a mayor. A 
city is divided into wards of convenient size, in each of 
which are chosen one or more aldermen, (usually two,) and 
such other officers as are named in the charter. The mayor 
and aldermen constitute the common council, which is a kind 
of legislature, having the power to pass such laws, (com- 
monly called ordinances,) and to make such orders and regu- 
lations, as the government of the city requires. The 
mayor presides in meetings of the common council, and 
performs also certain judicial and other duties. There are 
also elected in the several wards, assessors, constables, 
collectors, and other necessary officers, whose duties in 
their respective wards are similar to those of like named 
officers in country towns, or townships. 

§ 4. The inhabitants of cities, however, are not wholly 
governed by laws made by the common council. Most of 
the laws enacted by the legislature are of general applica- 
tion, and have the same effect in cities as elsewhere. Thus 
the laws of the state require, that taxes shall be assessed 
and levied upon the property of the citizens of the state to 
•lefray the public expenses ; and the people of the cities are 
required to pay their just proportion of the same ; but the 
city authorities lay and collect additional taxes for city 
Purposes. 

§ 5. In cities there are also courts of justice other than 
those which are established by the constitution or general 
laws of the state. There is a court for the trial of persons 
guilty of disturbing the peace, and of such other minor 
offenses as are usually punishable by imprisonment in the 
county jailj called police court. It is held by a police justice, 
elected by the people, or appointed in such manner as the 
law prescribes. In some of the larger cities, there are 
courts of civil as well as criminal jurisdiction, differing 
from those which are common to counties generally. 

$ 3. What are the principal city officers called ? What inferior officers ar« 
elected? §4. Are the citizens governed wholly by their cwn laws? $F 
What criminal court is peculiar to cities ? §6- 



tihap. XVI. j STATE GOVERNMENTS. {)] 

§ 6. The government of incorporated villages is not in all 
respects like that of cities. The chief executive officer of 
such a village is, in some states, called president. The vil- 
lage is not divided into wards ; the number of its inhabi- 
tants being too small to require such division. Instead of 
a board of aldermen, there is a board of trustees or directors, 
who exercise similar powers. The president of a village is 
generally chosen by the trustees from their own number.* 
In some states, incorporated villages are called towns ; and 
their chief executive officer is called mayor. 

§ 1. The necessity and effect of incorporating a village 
may not yet clearly appear to every reader. Let us illus- 
trate. By a general law of the state, or by a vote of the 
electors of a township in pursuance of such law, cattle may 
run at large in the highways. This might be to many 
persons in a village, a great annoyance, which can be pre- 
vented or abated only by confining the cattle. Or, side- 
walks may need to bf> mude. Or, it may be deemed 
accessary to provide means for extinguishing fires, by 
purchasing fire-engines and organizing fire companies, 
m an unincorporated village there is no power to compel 
the citizens to do these things. Those, therefore, who 
desire that the citizens should have power to make all 
needful regulations for the government of the village, 
petition the legislature for an act of incorporation granting 
the necessary powers. 

§ 8. The constitutions of some states require the legisla* 
ture to pass a general law prescribing the manner in which 
the people of any village may form themselves into a cor- 
poration, with the necessary powers of government, with 
out a special law for that purpose. 

§ 9. Besides these territorial corporations for purposes ot 
government, as counties, towns, cities, &c, there are 
incorporated companies for carrying on business of various 
kinds, as turnpike and rail-road companies, and companies 
for the purposes of banking, insurance, manufacturing, &c 
These kinds of business, to be carried on successfully 
sometimes require a larger amount of money than one map 
possesses. A number of persons, therefore, unite theii 

$ 6. What are village officers usually called 1 §7. Illustrate, by example, 
the necessity of a village incorporation ? § 8. Are corporations always forme* 
by special laws'] $ 9. What is said of ir corporate. I companies? 



$2 GOVERNMENT CLASS BOuK [Onap. XVI 

capital under an act of incorporation granting them power 
to manage their business which they could not have in an 
ordinary business partnership. Besides, a common part- 
nership must end on the death of any one of the partners ; 
but an incorporated company is not thus affected by the 
death of its members. 

§ 10. It is in the nature of corporations to have a per- 
petual existence. A corporation may live after the persons 
who first composed it are all dead ; for those who come 
after them have the same powers and privileges. A town 
or city incorporated a hundred years ago, is the same town 
or city still, although none of its first inhabitants are living. 
So a railroad or banking corporation may exist after the 
death of many, or even all of the original corporators. 

§ 11. But there are certain particulars in which all cor- 
porations are not the same. A state has been defined to 
be a body politic, or corporation. (Chap. I. § 10 ; III, § 5.) 
But it differs from other government corporations, as 
counties, towns, cities, &c, in this : the latter are formed 
by acts of the legislature ; but a state is formed by the 
people in their political capacity in establishing the con- 
stitution. 

§ 12. Again, all these government corporations differ 
from incorporated business companies. In forming a town 
or city, many persons are brought into the corporation 
against their wishes or consent ; because, in governments, 
all who live within certain prescribed bounds must 
come under the same laws ; but of an incorporated busi- 
ness association, as of a common business partnership, none 
become members but by their own act or choice. There is 
another difference : The latter are what are called stock 
companies ; and although they may be continued after the 
death of the first corporators, those who afterward come 
into the association, do so by becoming owners of the 
capital stock of those who preceded them. This latter dif- 
ference will more clearly appear from the more particular 
description, elsewhere given, of the incorporated com- 
panies, and of the manner in which the stock is transferred. 
(Chap. XXIII., § 11—15.) 

§ 10. What is peculiar in the nature of corporations 1 § 11 In what does a 
urate differ from other government corporations 1 § 12. Wherein do all govern- 
ment corporations differ from incorporated business companies 1 



Chap. XVIL] STATE GOVERNMENTS. fig 



CHAPTER XVII 



Judicial Department. Justices' Courts. 

§ 1. Ilav;n0 seen how the legislative and executive de- 
partments of c state government are constituted, and how 
the laws are made and executed, the manner in which the 
local affairs of counties and towns are conducted, and the 
powers and duties of their respective officers ; we proceed 
to describe the judicial department, the powers and duties 
of judicial officers, and the manner in which justice is ad- 
ministered. 

§ 2. It is the business of the legislature to determine 
what acts shall be deemed public offenses, or crimes, and 
to make laws for securing justice to the citizens in their 
dealings and general intercourse with each other ; but to 
judge of and apply the laws ; that is, to determine what 
the law is and whether it has been broken, and to fix the 
just measure of damage or of punishment, and to order 
such decision to be carried into effect, are duties which, as 
has been observed, have been wisely assigned to a separate 
and distinct department. (Chap, VIII. § 7.) 

§ 3- A government without some power to decide dis- 
putes, to award justice, and to punish crime according to 
the laws of the state, would not be complete. To allow 
every man to be his own judge in cases of supposed injury, 
and to redress his own wrongs, would endanger the rights 
of others. Justice is best secured to the citizens by estab- 
lishing courts for the redress of injuries and the punishment 
ol crimes ; and that no person may suffer unjustly, it is pro- 
vided that every person charged with crime or any other 
wrong, is entitled to a fair and impartial trial. 

§ 4. For the convenience of persons who may be com- 
pelled to seek relief at law, courts are established in every 

Chap. XVlI. § 2. What is the business of the judicial department ? § 3. 
If there were no courts of justice, what would be the result? $ 4. What are 
the lowest courts called '? Why ? Define jurisdiction ? 



04 GOVERNMENT CLASS BOOK [Chap. XVII 

town These are courts of the lowest grade, and are 
called justices' courts, being held by justices of the peace 
who are, in most of the states, elected bj the people of the 
several towns. They are called the lowest courts, because 
they have jurisdiction only in cases in which the smallest 
sums or damages are claimed, or in which only the lowest 
offenses are tried. The word jurisdiction is from the Latin 
'jus, law, or juris, of the law, and dictio, a pronouncing or 
speaking. Hence the jurisdiction of a court means its 
power to pronounce the law. 

§ 5. Although justices of the peace are generally elected 
in the towns, their jurisdiction extends over the county ; 
that is, they have power to try causes arising in any part of 
the county, or between citizens residing in other towns. 
The jurisdiction of justices of the peace is generally pre- 
scribed by law. The law prescribes the sum that may be 
sued for, or the amount -)f damage that may be recovered 
in a justice's court, and the grade of offenses that may be 
tried in it. In some states justices of the peace may try 
suits only in which the sum in controversy does not exceed 
$50 ; but in most of them, the jurisdiction of a justice 
extends, it is believed, to sums of $100 or more. 

§ 6. Causes, in which money is claimed for damage or 
for debt, are called civil causes ; those for the trial of per- 
sons charged with crime, or some misdemeanor, are called 
criminal causes. All crimes, strictly speaking, are misde- 
meanors. In common usage, however, the word misdemeanor 
denotes a smaller offense, such as is usually punishable by 
fine, or by imprisonment in a county jail, and not in a state 
prison. Causes, actions, and suits, are words of similar 
meaning in law language, being generally used to signify 
prosecutions at law, or lawsuits. The party that sues is 
called plaintiff ; the party sued is the defendant. 

§ 7. Prosecutions at law are conducted in nearly the 
same manner in the different states. The following is a 
sketch of the proceedings in an ordinary civil suit in a 
justice's court : The justice, at the request of the plaintiff, 
is'sues a summons, which is a writ or precept addressed to 
a constable of the town, in some states tc any constable of 



§ 5. To what extent has a justice jurisdiction 1 §6. What are civil causes ? 
Criminal 1 Misdemeanors ? §7. How is a suit in a justice's court commenced / 



Chap.XVIl.j STAT.tt aoVERNMENTS. 65 

the county, commanding him to summon the defendant to 
appear before the justice on a day and at an hour specified, 
to answer the plaintiff (naming him) in a suit, the nature 
of which is stated in the summons. 

§ 8. The constable serves the summons by reading it 01 
stating the substance of it to the defendant ; and if re- 
quested, gives him a copy of it. If he does not find the 
defendant, he leaves a copy at his place of residence with 
some one of the family of proper age. At or before the 
time named for trial, the constable returns to the justice 
the summons with an indorsement stating the day on 
which it was served, and whether served personally or by 
copy. If served by copy, and the defendant does not ap- 
pear at the time named for trial, a new summons is issued, 
as the practice is in some states — perhaps all of them ; 
and the trial may not proceed unless a summons has been 
personally served. 

§ 9. The parties may appear in person, or by attorney. 
An attorney is any person lawfully appointed to transact 
business for another ; hence the word attorney does not 
always mean an attorney at law, or lawyer, who is pro- 
perly an officer of a court of law. When the parties have 
appeared and answered to their names, they make their 
'pleadings ; that is, the plantiff declares for what he brings 
his suit ; and the defendant states the nature of what he 
has to offset against the demand of the plaintiff, or denies 
the demand altogether. These acts of the parties are 
called joining issue. 

§ 10. If the parties are ready for trial, the justice pro- 
ceeds to try the issue. If the witnesses have not been 
subpoened and are not in attendance, the cause is adjourned 
to a future day • and the justice, at the request of either 
party, issues a subpoena, which is a writ commanding per- 
sons to attend in court as witnesses. The witnesses on 
both sides are examined by the justice, who decides ac- 
cording to law and equity, as the right of the case may 
appear, in which he is said to give judgment. To the 
amount of the judgment, whether against the plaintiff or 
the defendant, are added the costs ; for it is considered to 

§ 8. How is a summon served? § 9. Describe the manner of joining is*>uei 
$ 10. How are witnesses procured ? and how is the issue tried 1 



<JG GOVERNMENT CLASS BOOK v [Chap. XVIII 

be just that the party in default shall pay the expense of 
the suit. The costs consist of the fees or compensation to 
be paid the justice, constable and witnesses for their 
services. 

§ 11. If a defendant does not appear at the time of trial, 
the justice may proceed to try the cause, and decide upon 
the testimony of the plaintiff's witnesses. If a plaintiff 
does not answer or appear when his name is called in court, 
the justice enters judgment of nonsuit. A plaintiff may, at 
any time before judgment is rendered, discontinue or with- 
draw his action, in which case also judgment of nonsuit is 
given. In cases of nonsuit, and also when no cause of 
action is found, judgment is rendered against the plantiff 
for the costs. 

§ 12. A debtor may avoid the expense of a lawsuit by 
confessing judgment. The parties go before a justice, and 
the debtor acknowledges or confesses the claim of the 
creditor, and consents that the justice enter judgment 
accordingly. In some states, the confession and consent 
must be in writing, and signed by the debtor. The 
amount for which judgment may be confessed is limited by 
law, but is, in some states at least, and perhaps in most 
if not all of them, larger than the sum to which the juris- 
diction of a justice is limited in ordinary suits. 



CHAPTER XVIII. 

Trial by Jury ; Execution ; Attachment ; Appeals ; Arrest of Offenders. 

§ 1. The administration of justice in courts of law is not 
left entirely to the justices and judges. Parties may not 
always have sufficient confidence in the ability, honesty, 
and impartiality of the justice by whom a suit is to be 
tried, to intrust their interests to his judgment. Therefore 
the constitutions of all the states guaranty to every person 
the right of trial by a jury. This right has been enjoyed 

§ 11. What if a defendant or plaintiff does not appear 1 § 12. How is judg 
ment confessed 7 Chap. XVTli. § 1. Why are juries instituted 1 



Jiiap. XVIII.j STATE GOVERNMENTS. 67 

in England many centuries. It was established here by 
our ancestors, who were principally from that country. 

§ 2. A jury is a number of men qualified and selected as 
the law prescribes, and sworn to try a matter of fact, and 
to declare the truth on the evidence given in the case. 
This declaring of the truth is called a verdict, which is 
from the Latin verum dictum, a true declaration or saying. 
A jury in a justice's court consists in most or all of the 
states, as is believed, of six men ; in the higher courts, of 
twelve men, who are generally required to be freeholders. 
The manner of selecting the jurors is not the same in all 
the states. 

§ 3. After issue has been joined, and before testimony 
has been heard, either party may demand that the cause 
be tried by a jury. Whereupon the justice issues a venire, 
which is a writ or precept directing a constable to summon 
the required number of duly qualified men to appear before 
the justice, to make a jury to try the cause. 

§ .4. The testimony and arguments on both sides having 
been heard, the jurors are put under the charge of the con- 
stable, who is sworn to keep them in some convenient 
place, without meat or drink, except such as the justice 
may order, until they shall have agreed on their verdict, 
or have been discharged by the justice ; and not to allow 
any person to speak to them during such time, nor to speak 
to them himself, except by order of the justice, unless to 
ask them whether they have agreed on their verdict. 

§ 5. All the jurors must agree in a verdict ; and when 
so agreed, they return in charge of the constable, and, in 
open court, deliver their verdict to the justice, who enters 
judgment according to the finding of the jury. If the 
jurors, after having been out a reasonable time, do not all 
agree upon a verdict, the justice may discharge them, and 
issue a new venire, unless the parties consent to submit 
s the cause to the justice. 

§ 6. If a judgment is not paid within the time prescribed 
by law, the justice issues an execution, whicL is a precept 
directing a constable to collect the amount cf the judg 
ment ; and authorizing him to take and sell the goods and 



§ 2. What is &jury ? A verdict? $ 3. A venire ? § \. How are jurors Kept 
during their deliberations ? § 5. What is done if they agree ? If they disagree ? 
^ 6. What is an execution ? What if it is not satisfied ? 



63 GOVERNMENT CLASS BOOK y [Clap. XVIII 

chattels of the debtor, and to make his returns tc the jus* 
tice within the time required. Goods and chattels are per- 
sonal or movable property, or property other than freehold, 
or real estate. If the money can not be collected, the 
execution is returned as not satisfied. If a constable does 
not faithfully obey the directions contained in the execution, 
he and his sureties become liable to pay the judgment. 

§ 7. Laws have been passed in all the states for the 
benefit of poor men, who are allowed to retain, for the use 
and comfort of themselves and their families, certain 
articles of personal property, which may not be sold on 
execution ; such as necessary household furniture, apparel, 
beds, tools and implements of trade, &c. The practice 
which formerly prevailed, of imprisoning debtors who were 
unable to satisfy executions, has been abolished, except 
for fines and penalties. 

§ 8 The foregoing description of the proceedings of a 
justice's court is that of a prosecution in ordinary cases. 
But there are other modes of prosecution in certain cases, 
one of which is by attachment. An attachment is a writ 
directing the property of a debtor to be taken, and kept 
till a trial can be had, and judgment obtained. This mode 
of proceeding is adopted when the plaintiff has reason to 
believe that a debtor conceals himself to avoid being 
prosecuted by summons, or is about to remove his property 
or himself from the county, or intends in some other way 
to defraud his creditors. 

§ 9. In case of an absent or concealed debtor, the con- 
stable, (as is supposed to be the common practice,) leaves 
a copy of the attachment, with an inventory or list of the 
articles of property attached, at the defendant's last place 
of abode, or, if he had none in the county, the copy and 
inventory are to be left with the person in whose possession 
the property is found. If the defendant does not appear on 
the day of trial, the plaintiff may proceed to prove his de- 
mand and take judgment. An execution is then issued 
against the property attached. 

§ 10. If either party is dissatisfied with a judgment ren- 
dered in a justice's court, he may appeal to a higher court 



$ 7. Is ail personal property liable to be sold on execution 1 §8. What i* 
an attachment? In what cases is it used? § 9. How is it served? § 10. What 
ii* a party is dissatisfied with a judgment ? 



W . XVII [.] STATE GOVERNMENTS. 69 

for trial, or for a review of the judgment. The party ap- 
pealing is called appellant ; the adverse party is the appellee 
or respondent. 

$ 11. An important part of the duties of a justice of the 
peace relates to the arrest and trial of persons charged 
with crimes and misdemeanors. Although they have not 
power to try high offenses usually called crimes, they may 
order the apprehension of persons charged with such 
offenses, and cause them to be committed for trial. 

§ 12. A person knowing or suspecting another to have 
committed an offense, may make complaint to a judge or 
justice of the peace, who examines the complainant on oath, 
and witnesses, if any appear ; and if he is satisfied that an 
offense has been committed, he issues a warrant, directing 
the person accused to be brought before him. The com- 
plainant and witnesses for the prosecution, and next the 
prisoner and his witnesses, are examined. If the offense is 
one of which the magistrate has jurisdiction, he may pro- 
ceed to try the prisoner, who, it will be recollected, is 
entitled to be tried by a jury. 

§ 13. If the offense. is one which the magistrate has not 
power to try, he binds the prosecutor or complainant and 
all material witnesses to appear and testify against the 
prisoner at the next court having power to indict and try 
bim. And if the offense is one for which the prisoner may 
be bailed, the magistrate takes bail for his appearance at 
court. If the offense is not bailable, or if no satisfactory 
bail is offered, the magistrate orders him to be committed 
to jail to await his trial. But, as will be seen hereafter, 
he must be indicted by a grand jury before he can be tried. 
(Chap. XIX., § 7-9.) And were there no danger of an 
offender's escape before he could be brought to trial, his 
previous arrest and examination might be unnecessary. 

§ 14. The obligation or bond given by a prosecutor and 
witnesses for their appearance at court, is sometimes 
called a recognizance. They bind themselves, with sureties, 
to forfeit and pay a certain sum of money in case of their 
non-appearance. A similar bond or recognizance is given 
in case of bail. The person accused binds himself, with 

$ 11. What power have justices in cases of crime 1 § 12. How are offenders 
arrested and examined 1 § 13. How js the prisoner disposed of if the justice ton 
QOt try him ? § 14, Define re<-oiniizance a.id bail? 



•ftj GOVERNMENT CLASS BOOK. [Chap XIX- 

sureties, in such sum as the justice requires, which is to be 
paid if he shall not appear for trial. The word bail is from 
a French word meaning to deliver, or to release. Hence, the 
justice bails, sets free, or delivers to his sureties, the party 
arrested. Also the sureties are said to bail a person when 
they procure his liberation. 



CHAPTER XIX. 

Courts other than Justices' Courts ; Grand and Petit Juries, &o. 

§ 1. The court next higher than a justice's court, is a 
court held in each county, generally called a county court, 
or court of common 'pleas. This court is usually held by a 
county judge elected by the electors of the county in most 
of the states ; in some, appointed by the legislature ; and 
in others, by the governor, with the advice and consent of 
the senate. In a few of the states this court consists of 
more than one judge. In some states, county courts are 
held by judges of the circuit courts. 

§ 2. In this court are tried civil causes in which are 
claimed sums of greater amount than a justice of the peace 
has jurisdiction of, and criminal causes in which are 
charged the lower crimes committed in the county. Also 
causes removed by appeal from a justice's court are tried 
in this court ; in which cases it is said to have appellate 
jurisdiction. Courts are also said to have original jurisdic- 
tion ; which means that suits may originate or commence 
in such courts. 

§ 3. There is in every state at least one court, and in 
most of the states there are two or more courts of higher 
grade than a county court. They are called in the different 
states by different names ; as circuit court, superior court, 
supreme court, and court of appeals. A circuit court probably 
obtains its name thus : A state is divided into judicial 
districts, in each of which one or more judges are elected, 



Chap. XIX. § 1. How are county courts constituted 1 How in this state ? 
^ 2. What causes are tried in them ? What is appellate and what original juris- 
diction ? $ 3. Name thi courts of this state. What jurisdiction has a circuit court 



Chap. XIX] STATE GOVERNMENTS. 7} 

who go around holding a court onc<$ a year or oftener in 
each of the counties composing a judicial district. This 
court usually has both original and appellate jurisdiction ; 
it being a part of its business to try appeals from the 
county courts. It also tries such of the higher crimes as a 
county court has not the power to try. Courts in which 
crimes are tried are sometimes called courts of oyer and 
terminer. 

§ 4. Every county court, and every circuit having like 
jurisdiction, has a jury to try issues of fact, and a grand 
jury. An issue of fact is when the fact as to the indebted- 
ness or the guilt of the party charged is to be determined 
from the testimony. An issue of law is one in which it is to 
be determined what is the law in the case, which is done by 
the judge instead of the jury. The jury by which issues of 
fact are tried, as distinguished from a grand jury, is called 
a petty or petit jury. It consists of twelve men, all of whom 
must agree in a verdict. 

§ 5. The manner of selecting grand and petit jurors is 
prescribed by law. A number of judicious men in each 
town are selected by some person or persons lawfully 
authorized ; and the names of the men so selected are 
written on separate pieces of paper, and put into a box in 
each town, and kept by the town clerk ; or as is the prac- 
tice in some states, the names of the men designated as 
jurors in the several towns are sent to the county clerk, 
and by Mm kept in a box. Previous to the sitting of the 
court, the requisite number is drawn out the box ; and the 
men whose names are drawn, are summoned to attend as 
jurors. 

§ 6. It is the business of a grand jury to inquire concern- 
ing crimes and misdemeanors committed in the county ; 
and if there appear just grounds of accusation against any 
person, they make to the court a presentment or formal 
charge against him, upon which he is to be put upon trial. 
The number of grand jurors is not always the same. In 
some states there may not be more than twenty-three nor 
less than twelve. It is not required that they shall all 
agree in order to put a person upon trial 



i 4. What juries have county and circuit courts '? What is an issue of fact 1 
An iapue of law ? § 5. How are the jurors selected ? § 6. What is the business 
of a grand jury ? Of what number does it consist in this state 1 



?2 GOVERNMENT CLASS BOOK. [Chap. XIX. 

§ 7. On the opening of the court, the grand jurors are 
6 worn to make a true presentment of all things given them 
in charge. The judge then gives them a charge, and ap- 
points one of them foreman ; and the jurors retire to a 
private apartment to attend to their duties. They hear all 
complaints brought before them against persons for crimes 
and breaches of the peace, and examine witnesses who ap- 
pear to testify ; and when it is requested, they have the 
assistance and advice of the state's attorney ; or as he is 
called in some states, the district attorney, or prosecuting 
attorney. If they think any person complained of ought to 
be ti ied, they draw up a writing, in which they charge him 
with the offense of which they think him guilty. This is 
called an indictment. It is signed by the foreman, indorsed 
" a true bill," and carried by the jury into court. If the 
person accused has not before been arrested, he may now 
be arrested, and put upon trial. (See Chap. XVIII r 
§ 12-H.) 

§ 8. As grand juries do not try crimes, but merely make 
inquiry into them, some may not readily perceive the 
necessity of such juries. Innocent persons might be sub- 
jected to great inconvenience and expense in defending 
themselves in court against the slanderous reports or false 
accusations of evil minded persons. It is to prevent this 
that grand juries are instituted, who make careful ex- 
aminations into the cases brought before them, and do not 
often charge persons with crime unless there is a strong 
probability of their being found guilty on trial. 

§ 9. So important was the institution of grand juries 
considered, that the constitution of the United States, to 
which the constitutions and laws of the states must conform, 
was made to provide, that " no person shall be held to 
unswer for a capital or other infamous crime, unless on a 
presentment or indictment of a grand jury," except in cer- 
tain cases. (Con. U. S., Amend. Art. V. For the definition 
of " infamous crime," see Chap. VI., § 7.) 

§ 10. It is the opinion of many that this requirement of 
a previous indictment by a grand jury has reference only 
to the courts of the United States ; and that the states 



$ 7. Describe the proceedings of a grand jury. What is an indictment ? § 8 
Why are grand juries instituted? §9. By what instrument are grand juric' 
required ? § 10. What is the opinion of some on this subject ? 



Chap XX] STATE GOVERNMENTS. 73 

may dispense with it. Hence, efforts are now making in 
some states to abolish grand juries. It is supposed that 
an examination at all times before a justice or a judge, 
when the prisoner can be present with his witnesses, is 
more likely to protect him against being unnecessarily 
subjected to the trouble and expense of a trial, than before 
a grand jury, where complaints are often made by malicious 
persons, and sustained by the testimony of partial or corrupt 
witnesses. 

§ 11. The supreme court is generally the next higher, and 
in most of the states, the highest state court. This court 
differs somewhat in the different states, both in the manner 
of its formation and in its jurisdiction. It is believed, how- 
ever, to have, in the states generally, both original and 
appellate jurisdiction, civil and criminal. In the state of 
New York and a few other states, there is one higher court, 
called court of appeals, which has appellate power only. Its 
ousiness is to review cases from the supreme court. 

§ 12. Suits in the county, circuit, and supreme courts, 
are commenced by a writ, (in some states a summons or 
a declaration,) which is served by the sheriff of the county 
in which the suit is to be tried. He also serves warrants 
<and executions issued by these courts. A sheriff is to these 
courts what a constable is to a justice's court. His powers 
and duties have been elsewhere described. (Chap. XIV., 

*'«■) 



CHAPTER XX. 

Chancery or Equity Courts ; Probate Courts ; Court of Impeachment 

§ 1. It might be supposed, that in instituting the courts 
which have been described, all necessary provision had 
neen made for securing justice to the citizens. But many 
cases arise in which justice and equity can not be ob- 
tained in these courts. To afford relief in such cases, a 



§ 11. Is there a supreme court in this state ? Describe it. Is there a higher 
court? §12. How are suits commenced in county and othor higher courts ? 
Chap. XX. § 1. What is the object of a coart of chancery ? 

4 



74 GOVERNMENT CLASS BOOK. [Chap. X3t 

court has been established called a court of equity, or court 
of chancery. What often renders it impossible to get justice 
in ordinary courts of law, is the want of witnesses ; but in 
a court of equity the parties may themselves be put on 
oath. 

§ ^. A debtor, to avoid the payment of his debts, may 
conceal his property or his money ; but this court may 
compel him to disclose and give up the same to satisfy an 
execution ; and it may prevent persons indebted to him 
from making payment to him. A person refusing to fulfill 
a contract may, in courts of common law, only be sued foi 
damage ; but this court may in certain cases compel him 
to fulfill the contract itself. It may also restrain indi 
viduals and corporations from committing fraudulent acts, 
and prevent persons from committing wastes on land and 
certain other injuries, until the right at law can be tried. 

§ 3. Courts of chancery were established, it is believed, 
in a majority of the old states. But separate and distinct 
organizations called chancery courts, now exist in but a 
few states ; the power to try suits in equity having been 
given to the judges of the common law courts. 

§ 4. Suits in equity are not commenced as suits at law. 
The plaintiff prepares a bill of complaint, the facts stated 
in which arc sworn to by himself. The bill, which contains 
a petition or prayer that the defendant may be summoned 
to make answer on oath, is filed with the clerk of the 
court, who issues a subpoena commanding the defendant to 
appear before the court on a day named. A trial may be 
had on the complaint and answer alone ; or witnesses may 
be introduced by the parties. The case is argued by 
counsel, and a decree is pronounced by the court, which the 
court has power to carry into effect. 

§ 5. There is another kind of courts which are in their 
nature different from ordinary law courts, and are called 
fiobate courts. There is in every county a probate court 
held by a judge of probate, whose duties relate to the 
proving of wills and the settling of the estates of persons 
deceased. A will is a writing in which a person gives 
directions concerning the disposal of his property after his 



§ 2. Mention some of its powers. §3. Are there separate and distinct chancery 
courts in this state '] § 4. How are suits commenced and tried in these courts 1 
k fv What is the business of a probate court 1 



Chap. XX.J STATE GOVERNMENTS. ?g 

eath. The j^atin word probatus means proof ; from which 
probate has come to be applied to the proving of a will. 
(See Wills and Testaments.) In the state of New York 
the judge of this court is called surrogate, and the court is 
called surrogate's court. 

§ 6. There is still another court in every state, which is 
not a common law court. It is the court of impeachment. 
The name is applied to the senate when sitting on a trial 
of impeachment. An impeachment is a charge or accusation 
against a public officer for corrupt conduct in his office ; as 
if a governor, for money offered him, should approve and 
sign a law ; or a judge should, for money or from some 
other selfish or personal motive, give a wrong judgment 
The constitution gives to the house of representatives the 
power to impeach, and to the senate the power to try the 
persons impeached. This practice has come from Great 
Britain, where the impeachment is made by the house oi 
commons, and the house of lords is the high court of 
impeachment. 

§ 7. The house of representatives, in a case of impeach- 
ment, acts in nearly the same manner as a grand jury in a 
court of law. A complaint is made to the house ; and if, 
upon examination, there appear to a majority of the mem- 
bers present sufficient grounds for the charge, an accusa- 
tion in writing is prepared, called articles of impeachment, and 
delivered to the senate. In some states, a majority of the 
members elected is necessary to impeach. The president 
3f the senate orders the court to be summoned. The ac- 
cused is brought before the court to answer to the charge, 
and has counsel assigned him. The senators are sworn 
truly to try and determine the impeachment according to 
evidence ; and a day is fixed for trial. 

§ 8. The house of representatives usually choose from 
their number a committee of managers to conduct the 
trial, the proceedings in which are the same as in law 
courts. The senators retire* and deliberate as jurors in 
such courts. Two-thirds of the senators — in some states 
two-thirds of all the senators elected — must concur in order 
to convict the person accused. If a person is convicted, 



§ 6. What is a court of impeachment 1 Its business ? What is an impeach- 
ment 1 By whom i wide ? ■ § 7. How is it don©'? $ 8. Describe the mode oi 
trial. What follows c nvkbou? 



GOVERNMENT CLASS BOOK. (Chap. XXI. 

,nc. ;art may remove him from office, or disqualify him to 
hok, -viiy office in the state, for a time, or for life ; or may 
both ^einove and disqualify him. This court can pronounce 
no otaer sentence. But if the act committed is a crime, the 
offender may also be indicted, tried, and punished in a court 
uf justice. 

fy 9. Judicial officers may also be removed by the 
governor on address of the legislature. If a judge is sus- 
pected of corrupt conduct in his office, or of being incom- 
petent to discharge its duties, complaint is made to the 
legislature, and the party complained of is notified, and an 
opportunity is given him of being heard in his defense. If 
Doth branches, by the required majorities, concur in the 
opinion that he ought to be removed, they address the 
governor, setting forth their reasons for the removal. If 
the governor considers the reasons sufficient, the officer is 
removed. This mode of removal does not exist in all the 
states. In New York, and perhaps in a few other states, 
the legislature makes the removal without the concurrence 
of the governor ; and in that state some of the lower 
judicial officers may be removed by the senate on the 
recommendation of the governor. In a few states, judges 
ire not removable by impeachment. 



CHAPTER XXI. 

Assessment and Collection of Taxes. 

§ 1. Every government must have the power of pro- 
viding means for its support. The money which is needed 
to pay the expenses of administering the government, if 
the state has no permanent source of revenue, or income, 
must be raised by taxation. A tax is a rate or sum of 
money assessed upon the person or property of a citizen 
for the use of the state. When assessed upon the person, 
it is called a poll-tax, or capitation tax, being a certain sum on 



$ 9. By what other modes are judicial officers removed 1 Chap. XXI. How 
is money" raise i for government purposes 1 What is a pol'-lix 1 



♦hap XXI.] STATE GOVERNMENTS. ^ 

every poll, or head. But as persons ought generally tc 
contribute to the public expenses according to their ability 
taxes are more just and equal when laid upon the property 
of the citizens. Few poll-taxes are levied in this country 

§ 2. There are certain kinds of property' which an 
exempt from taxation ; such as the corporate property of 
the state, of counties, and of towns, including the buildings 
in which the public business is done, the prisons, jails, 
asylums, &c, and the lands attached to them ; school 
houses and meeting-houses, with the lands attached ; 
burying-grounds, and the property of literary and charita- 
ble institutions. But the property of business corporations, 
as rail-road, banking, insurance, manufacturing, and other 
stock companies, like that of individuals, is liable to tax- 
ation. Real estate, or real property, is land with the buildings 
and other articles erected or growing thereon. Personal 
estate, or personal property, consists of movables, as goods, 
chattels, money, and debts due from solvent debtors. 

§ 3. As the property of every person is to be assessed in 
proportion to its value, it is necessary, first, to make a 
correct valuation of all the taxable property. For this 
purpose, the assessor or assessors pass through the town, 
and make a list of the names of all the taxable inhabitants, 
and the estimated value of the property, real and personal, 
of each ; and returns of the same are made to the proper 
county officers, who cause the tax-list for each town to be 
made out, and order the taxes to be collected. 

§ 4. In some states, persons liable to taxation are them- 
selves required to furnish lists of all their taxable property, 
printed blank lists having been previously distributed 
among them for this purpose. To secure an accurate 
valuation, the assessors, (called also listers,) may require 
persons to make oath that they have made a true statement 
of their property and its value. In states where the polls 
of the tax-payers are assessed, these also are set down in 
the lists at such sums as the law directs to be affixed to 
each poll. 

§ 5. Before a tax-list can be made out. it must be known 
what amount is to be collected in each town. This amount 

§ 2. What property is exempt from taxation 1 What is real, and what per- 
sonal property ? § 3-4. By whom, and how, is property valued 1 How in this 
state 1 § 5. Of what three items does the tax consist 7 



78 GOVERNMENT CLASS BOOK | Chap. XXI 

is made up of three parts : First, the sun wanted to pay 
the expenses of the town for the preceding year ; secondly, 
the town's share of the county expenses ; and thirdly, its 
proportional share of the expenses of the state government, 
or of what is to be raised for state purposes. 

§ 6. The apportionment of the amount of the state and 
county expenses among the several towns, is made accord- 
ing to the amount of property in each as valued by the 
assessors. The state auditor or controller, having re- 
ceived from the several counties returns of the value of 
the property in each county, is enabled to determine its 
quota of the amount to be raised for state purposes. To 
each county's share of the state expenses is added the sum 
to be raised in the county for county purposes ; and the 
amount is apportioned among the towns in proportion to 
the value of the assessed property of each. Then adding 
to each town's share of the amount of the state and county 
expenses, the amount to be raised for town purposes, gives 
the sum to be collected in the town. 

§ 7. Having thus ascertained the sum to be raised in 
each town, the officers whose duty it is, cause a tax-list to 
be made out, in which the amount of each person's tax is 
set opposite his name and the estimated value of his pro- 
perty. The tax-list of each town, certified and signed by 
the proper persons, is put into the hands of the collector, 
with a warrant ordering the same to be collected. 

§ 8. The money collected for county and state purposes 
is paid to the county treasurer, who pays to the state 
treasurer the amount raised in the county for state expenses, 
and retains the remainder to be expended in the county 
The money collected for town purposes is paid to such per 
isons in the town as are by law authorized to receive the 
same 



§ 6. How is it ascertained ? § 7. Who in this state cause the tax-list to he 
made out, and order the taxes to be collected 1 § 8. To whom is the money 
paid when collected ? 



Chap. XXII.] STATE GOVERNMENTS. 19 

CHAPTER XXII. 

Education. School Funds ; Schools. &q. 

§ 1. The proper object of government is to promote the 
welfare and happiness of its citizens. For this purpose, it 
must provide for making and properly administering laws 
to protect the people in the enjoyment of life and the fruits 
of their labor. But it should go further, and make express 
provision for improving the condition of the people, espe- 
cially the less fortunate portions of them. 

§ 2. The prosperity of a state or nation depends essen- 
tially upon the education of its citizens. This is seen by 
comparing the condition of the people of this country with 
the condition of the people of those countries where the 
benefits of education are not enjoyed. Ignorance tends to 
make men idle, vicious, and miserable. On the other hand, 
learning is riot only a means of enjoyment in itself, but of 
improving the social condition of a people. 

§ 3. Again, a free government is better adapted than 
any other to promote the welfare of a nation. But if the 
people are not properly educated, they are incapable of 
self-government. And as many persons are unable to pay 
for the tuition of their children, the safety of the govern- 
ment itself requires the establishment of a system of educa- 
tion, by which the great body of the people may be fitted 
to discharge their social and political duties. The states 
have accordingly instituted school systems for the instruc- 
tion of children and youth of all classes at the public expense. 

§ 4. In most of the states, the schools are supported only 
in part, in a few of them wholly, at the expense of the 
states. Some states have provided funds, the income of 
which is annally applied to this object. Fund generally 
signifies the money or capital stock employed in carrying- 
on trade or any other business operation. State funds 
are the moneys and other property of the state which 



Chap. XXII. § 1. What is the proper object of government 1 How is it to 

be done'? § 2. What is the effect of education upou a people ? Of ignorance ? 

§ 3. Why should government provide the means of education ? ^4. To whal 
extent is this done ? By what means ? 



80 GOVERNMENT CL.iSS BOOK. * [Chap. XXII 

arc set apart for paying- the expenses of the govern 
ment, or for the construction of canals, roads, and other 
public improvements. The interest of these funds, and the 
income from other sources, are called the revenue. 

§ 5. In some states, school funds are created by appro- 
priating the public lands, which are lands owned by the 
state as a body corporate. The proceeds of these lands, 
from sales or rents, constitute a part or the whole of the 
school fund, the interest of which is annually applied to 
the support of schools. If the income from the school fund 
is insufficient for this purpose, the deficiency may, as is 
done in some states, be supplied, in whole or in part, by 
taxation, or from the state treasury. 

§ 6. Many of the new states have large school funds. 
At an early period, while most of the territory from which 
these states have been formed was yet the property of the 
United States, and uninhabited, Congress passed an act by 
which a particular section of land (number sixteen) in 
every township is reserved for the support of schools 
therein. By this act, one-thirty-sixth part of the lands 
within each of these states has been thus appropriated, 
besides smaller portions granted for the benefit of a uni- 
versity in each state. These lands are in the charge of 
proper officers, who dispose of them, and apply the proceeds 
as the law directs. 

§ 7. The school funds of many of the states have been 
largely increased by certain moneys 'received from the 
United States. In 1837, there bad accumulated in the 
national treasury about thirty millions of dollars over and 
above what was needed for the support of the government. 
By an act of congress, this surplus revenue was distributed 
among the states then existing, to be kept by them until 
called for by congress. Although congress reserved the 
right to recall the money, it was presumed that it would 
never be demanded. That it never will be, is now almost 
certain. Many of the states have appropriated large por- 
tions of their respective shares for school purposes. From 
its having been said to be only deposited with the states, 
this fund is sometimes called the United States deposit fund 



§ 5. How is the deficiency hi the income of the school fund supplied 1 & (i 
How. and to whiit extent, are school funds provided in the new states 1 § "*. fu 
what way, and to wh it extent, were the school funds incronsed in 1337 1 



Chap. XXII.] STATE GOVERNMENTS. 81 

§ 8. School moneys coming from the state treasury, or 
state fund, are usually apportioned among the several 
towns of the state ; and each town's share of such moneys, 
together with what may come to the town by taxation or 
from its school lands, is divided among the several districts 
according to the number of children between certain ages 
in each district, or in such other manner as may be directed 
b}^ law. If the moneys thus received are insufficient to pay 
the wages of teachers, a rate bill is made out in each dis- 
trict for the deficiency, and collected from the persons 
whose children have been taught in the schools. 

§ 9. The towns, or townships, are divided into districts 
of suitable size for schools, which are called district schools. 
From their being supported by a common fund, and de- 
signed for the common benefit, or from the low r er or more 
common branches being taught in them, they are also called 
common schools. One or more trustees or directors are chosen 
in each district to manage its affairs ; a clerk to notify 
meetings and record the proceedings of the same ; and a 
collector to collect taxes for building and repairing school- 
houses, and all rate bills for the payment of teachers. 

§ 10. The highest school officer is the state superintendent 
of common schools, or, as he is sometimes called, superintendent 
of public instruction. The superintendent collects informa- 
tion relating to the schools ; the number of children resid- 
ing in each district, and the number taught ; the amount 
paid for tuition ; the number of school-houses, and the 
amount yearly expended in erecting school-houses ; and 
other matters concerning the operation and effects of the 
common school system. If there is no other officer whose 
duty it is, the superintendent also apportions the money 
arising from the state funds among the several counties. 
He reports to the legislature at every session the informa- 
tion he has collected, and suggests such improvements in 
the school system as he thinks ought to be made. 

§ 11. There is in every county an officer who receives 
from the state superintendent the money apportioned to 

§ 8. How are school moneys from the state treasury apportioned ? How is the 
fl'.-fieiency in the public moneys to pay teachers made up? § 9. Why are schools 
called district schools, and common schools? What officers are elected in dis- 
tricts ? § 10. What is the state superintendent in this state called ? 



£2 GOVERNMENT CL^SS BOOK. y [Chap. XXIII, 

the county, and apportions the same among the towns ; 
reports to the state superintendent the number of children 
in the county ; and performs such other duties as the law- 
requires. In some states, there is no such county officer ; 
but the money is apportioned by the state superintendent 
among the towns ; and the reports from the towns are 
made directly to the state superintendent. 

§ 12. In the towns are officers whose duties are to 
examine teachers, visit schools, apportion the school moneys 
among the districts, and to collect the lists of the number 
of children in the several districts, with such other informa- 
tion as the law requires, and report the same to the county 
officer, or, .if there is none, to the state superintendent. In 
K)me states, there is in each county an officer or a board 
of officers, for examining teachers, and performing certain 
other duties relating to the schools of the county. 

§ 13. Academies and colleges also receive aid from the 
state, to a limited extent. A distinct fund is created in 
some states for their benefit ; in others, they are aided by 
special appropriations from the state treasury. 



CHAPTER XXIII. 

Canals and Rail-Roads. 



§ 1. In carrying out the purposes of government, piu- 
vision ought also to be made to secure to the people the 
means of obtaining a suitable reward for their industry, 
and to render the labor of all, as nearly as may be, equally 
profitable. 

§ 2. The people of some states do not possess the same 
advantage as those of others ; nor do all the people of the 
same state enjoy equal advantages. Those who reside at 
a great distance from market, or from navigable waters 

Ceai\ XXTII. § 1. What other duty c^oes the government owe to the citizens? 
*» 2. Whit portion of the people of a state are most favored ? 



Jhap. XXIII.J STATE GOVERNMENTS 83 

and good roads, are not so well rewarded for their l&boi as 
those who reside near them, because of the greater cost of 
the transportation, both of what they have to sell, and ; f 
the goods they buy. Hence the necessity of good roads, 
canals, or other means of facilitating trade between the 
different parts of the state. 

§ 3. Among the works intended to effect this object, 
canals are perhaps the most useful, and are to be preferred 
wherever their construction is practicable. Canals are 
sometimes Constructed by incorporated companies ; but 
generally these works, especially those of great magnitude, 
are made by the state, and are the property of the state. 
Although there are some states in which are no canals of 
this kind, it maybe interesting to young persons generally 
to know how so important a state work is made. 

§ 4. To raise the money necessary to make a canal, the 
legislature might levy a general tax upon the property of 
the citizens. Bat this would not be expedient or just ; be- 
cause, first, the payment of so large a sum by the people 
within the time in which it would be desirable to complete 
the work, would be inconvenient and burdensome ; and 
secondly, the expense must fall alike upon the people of all 
parts of the state ; whereas, those residing most remotely 
from the line of the work, would derive from it little or no 
benefit. 

§ 5. When, therefore, a great enterprise of this kind is 
undertaken by a state, the law authorizing the work 
usually provides a fund, the income of which is to be ap- 
plied to this object. This fund consists of such lands, 
property, and moneys as the legislature may grant for this 
purpose. Funds were thus constituted in some of the 
ivestern states, to which funds congress made grants of the 
public lands of the United States lying within those states. 
§ 6. These funds, however, furnish but a part, .some of 
them but a small portion of the money necessary to com- 
plete the work ; and some states undertaking public im- 
provements may not have the lands or other property to 
constitute such a fund. The state therefore borrows the 



i 3 By whom are canals made ? Is there such a public work in this state 1 
!? 4. Why should not the money to make them be raised by a general tax 1 <$ 5. 
How arc funds sometimes provided for this purpose ? § 6. For the want pf sooll 
f'iiids, how is the money obtained ? ITnv is it to be repaid ? 



S4 GOVERNMENT CLASS BOOK. > [Chap. XXIII. 

money far a long term of years, and depends upon the 
income of the canal fund and the tolls to be collected on 
the canals, for the repayment of the money borrowed. 
Should the revenues of the canal and of the canal fund 
be insufficient, the deficiency may be supplied by taxation. 

§ 7. The business of borrowing- the money is done on 
the part of the state, by persons duly authorized, who give 
for the money borrowed the bonds of the state, which are 
written promises to pay the money at the times specified, 
with interest at the rate agreed on ; the interest generally 
to be paid semi-annually. These bonds are usually given 
in sums of $1,000 each, or less. The debts of a state thus 
contracted by issuing bonds, are called state stocks, as the 
capital, or stock required to construct a state work is 
obtained by the sale of its bonds. These bonds, like the 
.certificates of stock in a rail-road or other corporate busi- 
ness company, are transferable, and may be bought and 
jold as promissory notes, and constitute an important 
article of trade. 

§ 8. These stocks are taken by men who have large sums 
of money to lend, and who consider the state a responsible 
debtor ; because, if it has no other sufficient means of pay- 
ing its bonds, the legislature has power to raise the money 
by taxation. Most of the states have contracted debts in 
this manner for various purposes. State stocks are pur- 
chased and held not only by capitalists in this country, but 
by many in Europe. 

§ 9. Officers are appointed to manage the canal fund, 
and others to superintend the canals. There are also 
officers, called canal collectors, at suitable distances along 
the canals, to collect the tolls, which are charges paid by 
the masters or owners of boats for the use of the canal. 

§ 10. The states of New York, Pennsylvania, Ohio, and 
some other western states, have prosecuted the canal en- 
terprise on a large scale. Although large debts have been 
contracted for the construction of canals in these states, 
the benefits derived from them more than compensate for 
the vast expense of their construction. 

§11. Rail-roads, although they are of public utility, are 



§ 7. How is the business of borrowing done? What are state stocks ? § 8. 
What renders the purchase of state stocks a safe transaction '? § 9. 3y whom 
nn oana.1 nffnirs managed ? § 10. What states arc most noted for their ?an iU 1 



Chap. XXIII.] STATE GOVERNMENTS 85 

not properly public works, being constructed by companies 
incorporated for that purpose. The necessity for an act of 
incorporation is readily seen. Rail-roads pass through the 
lands of private individuals; and without the authority of 
law, the land of no person can be taken for such purpose ; 
nor can a law authorize it to be taken, unless the* work is 
one of general advantage ; nor even in such case, without 
compensation to the owner for his land ; for it is declared 
by the state constitutions, that "private property shall not 
be taken for public use without just compensation.' 

§ 12. If, therefore, the legislature deem a proposed rail- 
road to be of public utility, they pass an act to incorporate 
a company with the requisite powers to construct the road, 
on making compensation for the land, the value of which 
is to be estimated in such manner as the law prescribes. 
The law also prescribes the manner in which the affairs of 
the road are to be conducted. 

§ 13. The amount of capital to be employed by the com- 
pany, is mentioned in the act of incorporation, or charter, 
and is raised in this way : The amount of the capital, or 
stock, is divided into shares of $100, or less. Persons 
wishing to invest money in the road, subscribe the number 
of shares they will respectively take. When all the shares 
are thus sold and the money is paid in, the company is 
ready to proceed to the construction of the road. The 
owners of these shares are called stockholders, who choose 
from among themselves such numbers of directors as the 
charter authorizes. The directors elect from their number 
a president. 

§ 14. Persons buying shares receive certificates signed 
by the proper officers, stating the number of shares for 
which each certificate is given. The holders of these 
certificates, if they wish to make other use of the money 
they have invested in the business, may sell their stock to 
others, to whom they pass their certificates, which are 
evidence of the amount of stock purchased. Thus these 
certificates are bought and sold as promissory notes. 

§ 15. Stockholders depend, for the reimbursement of 
their capital, upon the money to be received for the trans- 



§ 11. By whom are rail-roads usually constructed ? Why is an act of incorpora- 
tion necessary ? §12. What does the act provide? §13. How is the capital, or 
slock, raised ? What officers are ehosen, and by whom ? § 14. What is the nature 
•-•f these certificates of stock '? 



h 



86 GOVERNMENT CLASS BCi»K. v [Chap. XXIV. 

portation of passengers and freight. Such portion of the 
income of the road as remains after paying all expenses of 
running and repairs, is divided semi-annually among the 
stockholders. Hence the sums thus divided are called 
dividends. The earnings of some roads are so large as to 
make the investment a profitable one ; so that the holder 
of shares is enabled to sell them at an advance. When 
ohares in tlie stock of any institution are sold at their 
nominal value, the price named in the certificates, the 
stock is said to be at par. When they are sold for more 
or less than their nominal value, they are said to be above 
or below par. In large commercial cities, as New York, 
Boston, Philadelphia, and others, the purchase and sale of 
state stocks, and stocks in rail-roads, banks, &c, is a 
regular and extensive business of capitalists. 



CHAPTER XXIV. 

Bankj and Insurance Companies. 



§ 1. Banks, we are told, were first instituted in Italy, 
where certain Jews assembled, seated on benches, ready 
to lend money, and to exchange money and bills ; and 
banco being the Italian name for bench, banks took their 
title from this word. The first banks are said to have been 
only places where money was laid up or deposited for safe- 
keeping. But banks at the present day are not used for 
depositing alone. 

§ 2. Banks in this country can be established only by 
authority of law. They are incorporated by an act of the 
legislature. The capital stock is raised by the sale of 
shares, and issue of certificates, as in the case of rail-roads. 
(Chap. XXIII., § 13.) The stockholders elect of their 
number (usually) thirteen directors, who choose one of them- 
selves as president. The president and directors choose a 
cashier and clerks. 



<$ 15. How do stockholders expect to be refunded ? What are dividends'] 
When are stocks at par? When above or below par ? Ciia.p. XXIV. § 1. 
Where v/ere the first banks? and whence is the name derived 1 § 2. By wha* 
authority are our banks established 1 How is the capital stock raised ? 



Chap XXIV.] 



STATE GOVERNMENTS. 



87 



§ 3. Merchants and others in commercial places, deposit 
in banks, for safe-keeping, the money they receive in the 
course of business, and then draw it out on their written 
orders as they have occasion to use it. An order of this 
kind is called a check. 

§ 4. Persons depositing money only once, or very sel- 
dom, and intending to draw for the same at once, usually 
receive from the cashier a certificate of deposit, which states 
the name of the depositor, the sum deposited, and to whose 
order it is to be paid. For the use of money deposited for 
any considerable period, banks agree to pay interest, 
usually less, however, than the rate established by law. 
Certificates of deposit may, by indorsement, be made trans- 
ferable as promissory notes and other negotiable paper, 
(Chap. LX., § 2,) and are often remitted, instead of money, 
to distant places, where, by presenting them at a bank, 
the} 7 may, for a trifling compensation, be converted into 
money. 

§ 5. A material part of the business of banks is to assist 
merchants and others in transmitting money to distant 
places. Thus : A, in New York, wishing to send $1,000 to 
B, in Philadelphia, puts the money into a bank in New 
York, takes for it an order, called draft, on a bank in 
Philadelphia, for that amount, to be paid to B. The draft 
is sent by mail to B, who presents his draft at the bank, 
and receives the money ; and the bank charges the amount 
to the New York bank. 

§ 6. But persons unacquainted with commercial busi- 
ness, especially young persons, may not know how the 
bank in Philadelphia is to be repaid. In the course of 
trade between the two cities, business men are constantly 
remitting money both ways through the banks, which thus 
receive the money and draw upon each other. Thus mil- 
lions of dollars may be annually transmitted between the 
two cities, without any expense except the small charge 
of the banks for doing the business, and without the risk 
of loss by accident or robbery which attends the convey- 
ance of money in person. 



§ 3. How do business men deposit and draw out their money 1 §4. What is 
a certificate of deposit ? How is it made transferable? ond convertible into 
money l § 5. Describe the manner of transmitting money through banks. § G. 
How nre banks repaid ? What is saved to business men by this mode of remit- 
tance 7 



88 GOVERNMENT CLASS BOOK. v {Chap. XXIV 

§ 1. Banks also lend money. The borrower gives a note 
fcr the sum wanted, signed by himself, and indorsed by one 
or more others as sureties. The cashier pays the money 
for the note, retaining out of it the interest on the sum 
lent, instead of waiting for it until the note becomes due 
This is called discounting a note. 

§ 8. The bills of banks pass as money. A bank bill or 
note is a promise of the bank to pay the bearer a certain 
sum on demand, signed by the president and cashier. It 
passes as money, because the bank is bound to pay it in 
specie if it is demanded. Paying notes thus is redeeming 
them. When a bank is unable to redeem all its bills, it is 
said to have failed, or to be broken ; and the bill holders 
suffer loss, unless some security has been provided. This 
has been done in some states by making the stockholders 
individually liable for the redemption of the bills ; that is, 
the property owned by them as individuals may be taken 
and sold on execution for that purpose. Such security, 
however, has never been generally provided. 

§ 9. But a system of banking, sometimes called free 
banking, has more recently been adopted in some states. 
It is so called, because the business of banking is thrown 
open to all by a general law. Any person, or any number 
of persons, may, by complying with the provisions of this 
general law, establish a bank without a special law for 
this purpose. Hence it is also called the general banking 
system. 

§ 10. Persons, before commencing business under this 
law, must put into the hands of the proper state officers 
ample securities for the redemption of their bills ; and 
they may not issue bills to a greater amount than the 
amount of their securities. These securities must consist 
of approved state stocks, or United States stocks, or partly 
of public stocks, and partly of real estate. When a bank 
fails, the lands and stocks held in pledge by the state are 
sold, and the avails are applied to the redemption of the 



(j 7. Describe the operation of lending money by a bank. § 8. Describe a 
bank bill. What if a bank is unable to redeem its bills ? How are bill-holders 
secured against loss 1 §9. What is the nature of the free banking system 1 
§ 10. How does this law provide for the security of bill-holders 1 "$11 What in 
the business of insurance companies ? What do they insure 1 Define policy 
premium. 



Chap. XXIV.] STATE GOVERNMENTS. 85 

bills. This system of banking seems to be growing into 
public favor. 

§ 11. Insurance companies also are authorized by law. 
Their business is to insure persons against loss by fire. 
The corporators, on being paid a small sum, consisting 
generally of a certain percentage on the amount for which 
the property is insured, promise to pay such amount if the 
property shall be destroyed by fire. There are companies 
also for insuring vessels at sea ; and life insurance com- 
panies, that agree to pay, in case of the death of the person 
insured, a certain sum for the benefit of his family, or of 
some other person named in the policy. The word policy as 
here used, means the writing containing the terms or con- 
ditions on which the company agrees to indemnify the per- 
son insured in case of loss. The money paid to obtain 
insurance, is called premium. 

§ 12. The profits of the stockholders consist of the excess 
of money received for premiums over the amount paid out 
for losses. Thus, if a company has issued 2,000 policies, 
each covering property of an average amount of $1,000, 
the amount of risk is $2,000,000 ; and if the rate of insur- 
ance is one per cent., the amount received in premiums is 
$20,000. Hence, if none of the 2,000 buildings is burned 
within the time the insurance is to run, the $20,000 are 
gained. If ten of them should be burned, there would still 
be a gain of $10,000. If twenty should be destroyed, there 
would be no gain, but an actual loss to the amount of the 
expenses of the concern. 

§ 13. But from the average number and amount of losses 
annually for many years, companies are enabled sp to fix 
the rates of insurance as to give the stockholders a fair 
profit on their capital. The rates are not the same on all 
kinds of property ; a higher per centage is charged on that 
which is deemed hazardous, or more exposed to fire, than 
on that which is less exposed. The profits on the business 
of the company, or the dividends, as they are called, are 
annually or semi-annually divided among" the stockholders, 
in proportion to the amount of their respective shares. 

<S VI. Of what consist the profits of stock insurance companies 1 Show this by 
an example. § 13. How are companies enabled to fix proper rates of insurance ,? 
Is all property insured at the same rate 7 Why not 1 § 14. Describe the 
character ni mutual insurance companies. How i3 money raised for paying 

l<is-es? 



90 GOVERNMENT CLASS BOOK. v [Chap. XX\ 

§ 14. There is another kind of insurance companies, 
which differ materially from the stock companies described 
in the preceding sections. They are mutual insurance 
companies. They are sp called because the members unite 
in insuring each other. Every person having his property 
insured by such a company is a member of it. He has his 
buildings and the property in them valued ; and pays a 
certain rate per cent, on such valuation. A fund is thus 
raised out of which any member suffering loss by fire is 
paid the amount for which the property was insured. 
When the fund is exhausted, it is again supplied by a tax 
assessed upon the members in proportion to the amounts 
for which they are respectively insured. 



CHAPTER XXV. 

The Militia. 



§ 1. It is the practice of governments to keep their 
respective countries prepared to defend themselves against 
foreign enemies. For this purpose all men liable to do 
military duty are enrolled, and are required to meet on 
certain days every year for instruction in the art of war, 
in order to be ready for actual service whenever it shall be 
required. The body of soldiers thus enrolled are called 
the militia. There are other words which are sometimes 
applied to bodies of soldiers ; as infantry, which means the 
soldiers or troops w 7 ho serve on foot ; cavalry, the troops on 
horses ; artillery, those who manage the cannon and other 
heavy weapons of war. But all troops are comprehended 
in the general term, militia. 

§ 2. The militia of a state, or a portion of them, may also 
be needed to aid in executing the laws of the state, and in 
suppressing insurrection or rebellion. An insurrection is a 
rising against the public authority, or the attempt of per- 
sons to prevent the execution of a law. Rebellion generally 



Chap. XXV. § 1. What preparation is made for the public defense ? What 
docs the word militia include ? § 2. For what other purpose may portions of 
the militia he wanted 1 Define bisurrer.tion and rebellion. 



Chap. XXV. STATE GOVERNMENTS. 91 

means nearly the same as insurrection ; but more properly 
it signifies a revolt, or an attempt to overthrow the govern- 
ment to establish a different one. As it is the duty of an 
executive to see the laws executed, power is given by the 
constitution to the governor to call out a sufficient military 
force for this purpose. 

§ 3. All able-bodied white male citizens of the United 
States, between the ages of eighteen and forty-five years, 
are liable to. perform military service in the states in which 
they reside, except such as are exempt by the laws of the 
states and of the United States. Persons exempt by the 
laws of the states are generally the following : Ministers of 
the gospel ; commissioned officers of the militia having 
served a certain number of years ; members of uniformed 
companies having served for a specified time ; members of 
fire companies 5 certain public officers while in office ; and 
iii some states teachers and students of colleges, academies, 
and common schools ; and a few others. 

§ 4, Persons exempt by the laws of the United States 
are the vice-president, the subordinate executive and all 
the judicial officers of the government of the United States ; 
members of congress and its officers ; custom-house officers 
and their clerks ; post-officers and drivers of maiPstages ; 
ferrymen employed at ferries on post-roads ; pilots and 
mariners. 

§ 5. By the constitutions of the several states, the 
governors are made the commanders-in-chief of the militia 
of their respective states ; and by the constitution of the 
United States, the president is made commander-in-chief of 
the army and navy of the United States, and also of the 
militia of the' states when called out into actual service. 
It has already been remarked, (§2,) that the military force 
of the state is at the command of the executive to protect 
the government and its citizens. So the president was 
thought the proper person to have command of the public 
forces, to execute the laws of the United States, to repel 
invasion, and to carry on war. Hence the governors and 
the president are not among the public officers who are 
exempt from military duty. 

§ 3. Who are liable to do military service 1 Who are exempt by the laws 01 
the states generally ? § 4. Who by the laws of the United States ? § 5. What 
military authority have the governors and the president ? Why have they tivs 
bower 1 



92 GOVERNMENT CLASS BOOK. [Chap. XXV 

.§ 6. Persons who, having been duly notified, refuse to 
appear at military parades, or, appearing without being 
equipped as the law directs, are tried by a military court, 
called court martial, consisting usually of three military 
officers, or of such ether persons as may be appointed 
according to the law of the state. If the persons tried do 
not show good cause for their delinquency, they are fined 
in such sums as the law prescribes. In certain cases courts 
may consist of more than three members. 

§ 7. The highest militia officer, except the governor, is 
the adjutant-general of the state ; who keeps a list of all the 
higher commissioned officers, containing the dates of their 
commissions, their rank, the corps (pronounced core) they 
belong to, the division, brigade, and regiment, and their 
places of residence. He distributes all orders from the 
commander-in-chief (the governor,) to the several divisions ; 
attends public reviews where the commander-in-chief re- 
views the militia ; and obeys all orders from him relative 
to carrying into execution the system of military discipline 
established by law. 

§ 8. There is also in some states a commissary-general, who 
lias the care of the arsenals and magazines, and the articles 
deposited in them. An arsenal is a building in which are 
kept cannon, muskets, powder, balls, and other warlike 
stores ; all of which are to be kept in repair and ready for 
use. 

§ 9. There are persons who, believing all wars to be 
wrong, can not conscientiously do military service. As it 
is the object of our government to secure to every person 
the liberty of conscience as well as other rights, the con- 
stitutions of many of the states provide, that those who are 
averse to bearing arms, may be excused by paying an- 
nually a sum of money instead of rendering the service. 
But it may well be doubted whether compelling a man to 
pay the money is not itself a violation of the right of con- 
science. Many persons conceive it to be no less morally 
wrong to commute for the service than to perform it. In 
some states, all persons belonging to the society of Friends, 



§ 6. How are persons dealt with for non-attendance and delinquency at 
parades ? $ 7. What are the duties of the adjutant-general ? f 8. What is the 
business of a commissary-general 1 Is there one in this state ? Define arsenaJ 
■$ 9. What is done in the case of persons averse to bearing arms ? Are 9,ny 
exempt in this state without commuting 1 



Chap. XXV. j STATE GOVERNMENTS. 93 

usually called Quakers, are exempt without the payment of 
an equivalent in money. 

§ 10. In the states of New York and Ohio, the rank and 
file of the militia are not required to train in time of peace. 
Persons liable to perform military service, except those 
connected with the uniformed companies, are enrolled in 
the militia ; but instead of doing" duty, they pay annually 
a small tax, which is in New York fifty cents, and in Ohio 
fifty cents, or a day's highway labor. 

§ 11. Laws abolishing trainings and musters of the 
great body of the militia, are, it is believed, growing into 
favor, and for these among other reasons : First, the militia 
system produces no material improvement in discipline ; 
secondly, the expenditure of time and money in these use- 
less exercises, and for arms and equipments, are burden- 
some to many citizens ; and thirdly, there is no probability 
of an occasion requiring a large portion of the militia to 
be so suddenly called into service as to allow no time for 
preparation. Volunteer companies like those kept up and 
disciplined in the states above named, and the standing 
army of the nation, are deemed sufficient for any supposable 
emergency. 

§ 12. Happily the practice of settling disputes between 
nations by war, is becoming less popular in civilized and 
Christian communities. War is a dreadful evil, and ought 
to be discouraged, and, if possible, avoided. Were govern- 
ments so disposed, they might in most cases settle their 
differences as individuals do, by submitting them to the 
judgment of a third party. If the love of military honor 
were less encouraged, and the principles of peace duly 
inculcated, the time would be hastened when " nations 
shall learn war no more." 



§ 10. What regulations exist in New York and Ohio 1 § 11. For what reasons 
is the drilling of the whole militia deemed unnecessary 1 § 12. What is your 
opinion of war 1 What is a better way of settling disputes between nations f 



94 GOVERNMENT CLASS BOOK. ' | Chap. XXV 1 



GOVERNMENT OF THE UNITED STATES. 



CHAPTER XXYI. 

Causes of the Revolution. 

§ 1. The plan of government in this country is peculiar. 
To a person previously unacquainted with our political in- 
stitutions, it might seem strange, after having read the 
foregoing description of the state governments, to be told 
that there is still another and a different government to 
which the people are subject. How the people of more 
than thirty states, all having complete and distinct gov- 
ernments, can at the same time be subject to another govern- 
ment, also complete in all its parts, he would not immedi- 
ately understand. He would not know what is meant by 
the government of the United States. How the states, all 
having governments of their own, can be united in one gov- 
ernment, he would not readily perceive. 

§ 2. We shall therefore proceed to a description of the 
government of the United States, from which will appear 
the relation between that government and the state gov- 
ernments. It will also appear that the state governments, 
each of which has in itself a great deal of machinery, all 
move in harmony with the great political machine — the 
government of the United States. It is easy to see that a 
knowledge of these governments is important to the peo- 
ple who live under them, as every freeman exercises a part 
of the governing power, both in the government of his own 
state, and in the general government. 

§ 3. To assist the reader in understanding the constitu- 
tion and government of the United States, we shall first 
give a sketch of the governments which preceded, and of 
the principal causes which led to the revolution in the gov- 

Chap. XXVI. § 2. What is there in our government that renders a know- 
ledge of it important to the people 1 § 3. To what country wero the American 
colonies subject ? Wh;it i* a cdornj ? 



Chap. XXVI] GOVERNMENT OF THE U- STATES. 1,5 

crnment of tills country. Most of the youth who are of 
sufficient age to study this work, probably know that our 
present forms of government were not established by the 
early settlers in this country. The first inhabitants were 
colonists. A colony is a settlement of persons in a distant 
place or country, who remain subject to the government of 
the state or country from which they removed. The Ameri- 
can colonies which have become the " United States," were 
chiefly settled from Great Britain, and were under her 
jurisdiction. 

§ 4. The political rights and privileges enjoyed by the 
colonists as British subjects, were very limited, and were 
conferred by the charters of the king. The people had not 
then, as now, constitutions of their own choice. There 
were colonial governments ; but they were such as the 
king was pleased to establish, and might be changed at 
his pleasure. These governments were in form somewhat 
similar to that of our state governments. There was what 
might be called a legislature j also an executive or gov- 
ernor ; and there were judges. 

§ 5. But of the officers of these departments of the gov* 
ernment, only the members of one branch of the law-mak* 
ing power were elected by the people. The other branch 
was composed of a small number of men, called a council ; 
but they were appointed by the king and subject to his 
control, as was also the governor, who had the power of an 
absolute negative or veto to any proposed law. And laws 
after having received the assent of the governor, must be 
sent to England and approved by the king, before they 
could go into effect. 

§ 6. Hence we see that the colonists had no security for 
the passage of such laws as they wanted. And the conse- 
quence was, that they were often denied good and whole- 
some laws, by the refusal of the king to sanction them. 
Not only so ; many laws enacted by parliament were very 
unjust and oppressive. The object of these laws was to 
secure to Great Britain alone the trade of the colonies. One 
law declared that no goods should be imported by the col* 

§ 4. Whence did the people derive their rights and privileges 1 What was 
the form of the colonial governments? § 5. From whom did the officers derive 
their power ? Were any elected ? On whose approval did the laws finnlly de- 
pend ? § 6. What was the effect of this upon the colonists 1 What was the ob- 
ject of thqjaws of parliament relating to tho colonics ? 



fifi GOVERNMENT CLASS LCk;K. v jChap. XXVI 

onists but in English vessels ; if brought in other vessels, 
both the goods and vessels were to be forfeited to the Brit 
ish government. 

§ 7. Another law required such articles as England 
wanted, to be transported to that country and other coun- 
tries belonging to Great Britain. The colonists were per- 
mitted to ship to foreign markets such products only as 
English merchants did not want. They were prohibited 
from selling abroad any wool, yarn, or woolen manufac- 
tured goods. This was done to keep the markets open for 
British wool and manufactures. Another law declared that 
no iron wares of any kind should be manufactured here. 
Tims was it attempted to suppress manufactures in the 
colonies. 

§ 8. Hen' n e we see that it was the policy of the British 
government to compel the colonists to buy of England all 
the goods they wanted which they did not themselves pro- 
duce, and to sell to England the surplus productions of the 
colonies. For this purpose, heavy duties were laid upon 
goods imported into the colonies from other countries than 
Great Britain and her possessions. These duties were tax- 
es levied upon goods brought into the colonies from abroad, 
and were collected by officers here from the persons import- 
ing the goods. 

§ 9. The following facts will explain to the young read- 
er more clearly the nature and effects of these duties : The 
colonists traded with the West India islands, some of which 
belonged to Great Britain, some to France, and some to 
Spain. To secure the whole trade, the British government 
imposed high duties upon the molasses, sugar and other 
articles imported into the colonies from the French and 
Spanish islands. The people of the colonies could there- 
fore avoid the payment of these duties only by importing 
the above mentioned goods from the British islands. 

§ 10. Not satisfied with these acts, parliament claimed 
the right to tax the colonies, "in all cases whatsoever ;" 
and an act was passed accordingly, laying duties upon all 



§ 6, 7. What did some of these laws require 1 § 8- By what particular means 
did that government secure the colonial trade 1 Define duty. § 9. Explain the 
nature and effect of these duties. § 10. What right did parliament claim 1 
What act was accordingly passed 1 What did the colonists do 1 What was th 
final result 1 



Chap. XXVII. GOVERNMENT OF THE U STATES. 



97 



tea, glass, paper, &c, imported into the colonies ; , and the 
money thus collected was put into the British treasury. 
The colonists petitioned the king and parliament to repeal 
these obnoxious laws ; but their petitions were denied. 
Having given up all hope of relief, congress, which was a 
body of delegates from the several colonies, declared the 
colonies to be free and independent states, no longer sub 
ject to the government of Great Britain. This declaration 
was maintained by a war which lasted about seven years, 
when Great Britain gave up the contest, and acknowledged 
the independence of the states ; and the revolution was ac- 
complished. 



CHAPTER XXVII. 

Nature of the Union under the Confederation. 

§ 1. As early as the year It 74, the colonies united in the 
plan of a congress, to be composed of delegates chosen in 
all the colonies, for the purpose of consulting on the com- 
mon good and of adopting measures of resistance to the 
claims of the British government. The first great conti- 
nental congress met on the 4th of September, 1774. Anoth- 
er congress assembled in May, 1775. This congress 
adopted sundry measures having reference to war. and 
finally made the declaration of independence, July 4th, 

1776. The continental congress, the members of which 
were chosen by the state legislatures, conducted the affairs 
of the nation until near the close of the war. 

§ 2. With a view to a permanent union of the colonies 
under a general government, the congress, in November, 

1777, agreed upon a frame of government, contained in cer- 
tain articles, called, " Articles of Confederation and perpet- 
ual Union between the States." These articles were to go 
into effect when they should have received the assent of ail 
the states. But as the consent of the last state (Maryland) 



Chap. XXVII. § 1. When did the first continental congress meet? How 
were its members chosen 1 What great act did it do in 1776 1 § 2. What did 
it jn Novomber. 1777 1 When did the confederation go into effect 1 



t,g GOVERNMENT CLASS BOOK > [Chap. XXVII 

was not obtained until March, 1*181, they went into oper- 
ation only about two years before the close of the war. 

§ 3. As a plan of national government, the confederation 
was soon found to be very defective. The union formed 
under it was a very imperfect one. Having been framed 
in time of war, it had respect to the operations of war 
rather than to a state of peace. Although it answered 
some good purpose in canying on the war, it was not well 
adapted even to the condition of the country then existing. 
Its defects appeared almost as soon as it went into effect ; 
and after the return of peace, it was found that the union, 
instead of being strengthened and perpetuated by it, could 
be preserved only by a radical change in the system ot 
government. 

§ 4. The leading defect of the confederation was its 
weakness. Congress could do little more than to recom- 
mend measures. As it could pot legislate directly upon 
persons, its measures were to be carried into effect by the 
states ; but the states were not in all cases willing, and 
some of them did at times refuse to do so, and congress 
could not compel them. It belonged to congress to deter- 
mine the number of troops and the sums of money necessary 
to carry on the war, and to call on each state to raise its 
share ; but congress could not enforce its demands. It 
borrowed money in its own name, but it had not the means 
of paying it. It had no power to lay and collect taxes ; 
this power was reserved to the states. 

§ 5. Hence we see that congress was dependent for 
every thing upon the good will of thirteen independent 
states. It is a wonder that a government of such inherent 
weakness should bring the war to a successful issue. It 
was a sense of danger from abroad, rather than any power 
in the government, that induced a sufficient compliance 
with the ordinances of congress to achieve the independence 
of the states. 

§ 6. On the restoration of peace, new difficulties arose. 
We have already spoken of the want of power in congress 

§ 3. How did the union formed by it prove 1 What was the probable cause 
cf its imperfections 1 § 4. What was its leading defect ? Mention some instances 
r.f its weakness ? §5. What probably aided in inducng compliance with the 
ordinances of congress ? § 8. What new difficulties arose after peace ? Wh^ 
tlifieulty attended the laying z? duties by the status 1 



Sliai XXVII.] GOVERNMENT OF THE U STATES. 



9v 



to lay and collect taxes for war purposes. Money was 
now wanted to discharge the public debt, and to pay the 
current expenses of the government ; yet congress had no 
power to raise it, either by a direct tax upon the persons or 
property of the citizens, or indirectly by duties on goods 
imported, as at present under the constitution. The power 
to lay and collect duties was with the states ; but it was 
of little use so long as each state could impose such duties 
as -it chose. The states being unable to agree upon a uni- 
form rate of duties, the goods would be imported into states 
which levied the lowest duties. It was inexpedient, if it had 
been possible, to borrow more money on the credit of the 
union, as the heavy debt contracted during the war re- 
mained unpaid, and congress had no means of paying it. 

§ 1. But the inability to raise money was not the only 
difficulty that attended the want of power by congress to 
*ay duties. This power was necessary also to regulate the 
foreign trade. We have already remarked, that it was the 
policy of Great Britain before the revolution to secure in 
the colonies a market for her manufactures. (Chap. XXVI.) 
Not only so ; she had by her navigation acts, for more 
than a hundred years, imposed heavy duties upon foreign 
vessels coming into her ports, in order to secure the carry- 
ing trade to her own shipping. In addition to this, she 
also levied high duties upon the produce of the states 
sent to pay for the goods we were obliged to buy of her, 
our own people not having as yet the means, nor having 
had time, to establish manufactories, and to manufacture 
for themselves. 

§ 8. Another of the numerous troubles which arose from 
this imperfect union was the want of peace and harmony 
between the states. Laws were enacted in some states 
with a view to their own interests, which operated in- 
juriously upon other states. This induced the latter states 
to retaliate, by passing laws partial to themselves and 
injurious to the former. The states soon became disaffected 
toward each other ; and their mutual jealousies and rival- 
ries and animosities at length became so great as to cause 



§ 7. For what other purpose did congress need the power to lay dut'es ? How 
had Great Britain secured the carrying trade 1 $ 8. What other trouble arcs? 
"rom this imperfect union ? 



100 GOVERNMENT CLASS BOOK. v [Chap. XXVII. 

fears that some of the states would become involved in war 
among themselves, and that the union would be broken up. 

§ 9. In the hope of remedying the difficulty last men- 
tioned, an attempt was made to procure the insertion, into 
the articles of confederation, of a provision giving to con- 
gress the power to regulate trade ; but the attempt failed. 
In January, 1786, the legislature of Virginia proposed a 
convention of commissioners from all the states, to take 
into consideration the situation and trade of the United 
States, and the necessity of a uniform system of commercial 
regulations. 

§ 10. A meeting was accordingly held at Annapolis, in 
September, 1786 ; but as commissioners from only five 
states attended, viz., New York, New Jersey, Pennsylvania, 
Delaware, and Virginia, the commissioners deemed it un- 
advisable to proceed to business relating to an object in 
which all the states were concerned ; but they united in a 
report to the several states and to congress, in which they 
recommended the calling of a general convention of dele- 
gates from all the states, to meet in Philadelphia on the 
2d Monday of May, 1787, with a view not only to the regu- 
lation, of commerce, but to such other amendments of the 
articles of confederation as were necessary to render them 
" adequate to the exigencies of the union." 

§ 11. In pursuance of this recommendation, congress, in 
February, 1787, passed a resolution for assembling a con- 
vention. All the states, except Rhode Island, appointed 
delegates, who met pursuant to appointment ; and framed 
the present constitution of the United States. They also 
recommended it to be laid by congress before the several 
states, to be by them considered and ratified in conventions 
of representatives of the people. Conventions were ac- 
cordingly called for this purpose in all the states, except 
Rhode Island, and the constitution was ratified by all of 
them in which conventions had been called, except North 
Carolina. 

§ 12. The constitution was to go into effect if ratified by 

§ 9. How was this difficulty sought to be remedied ? § 10, What was the re- 
sult of the meeting at Annapolis ? § 11. In what did the recommending of a 
convention result ? How was the constitution ratified in the states 1 § 12. To 
give it effect, how many states must ratify ? When were ratifications received 
fiom Rh ide Island and Noi th Carolina 1 



Chap. XXVIII. J GOVERNMENT OF THE U. STATES. L Q] 

nine states. The ninth state, New Hampshire, sent its 
ratification to congress in July, 1788 ; and measures were 
taken by congress to put the new constitution into opera- 
tion. Ratifications were received from North Carolina and 
Rhode Island the year after the organization of the new 
government. 



CHAPTER XXVIII. 

Nature of the Union under the Constitution. 

§ 1. Having given, in the preceding chapter, a sketch of 
the union under the confederation, we shall next show the 
nature of the union under the present constitution, com- 
mencing with a brief comparison of the leading features oi 
the two systems of government. 

§ 2. The former union was a mere confederacy. A con 
fedency is a league, a federal compact. The word federal 
is from the Latin fadus, a league, or alliance. Hence a 
confederacy is a combination or union of two or more 
parties, whether persons or states, for their mutual benefit 
and assistance. And let it be here particularly noted, that 
this union was a union of states, as states. The articles oi 
confederation were framed by congress, whose members 
were appointed by the state legislatures, and, when framed, 
were submitted to the state legislatures for ratification. 

§ 3. On the other hand, the union under the constitution 
is a union, not of the states, as such, but of the people of the 
states. Thus it is expressed in the preamble to the con- 
stitution : " We, the people of the United States, in order 

to form a more perfect union, do ordain and 

establish this constitution for the United States of America.'* 
And the constitution was submitted for ratification, not to 
the state legislatures, but to conventions whose members 
were elected by the people for that purpose. 

§ 4. The states under the confederation were independent, 

Chap. XXVIII. § 2. What is n confederacy ? Wns the confederation a union 
Of people ? or a union of states ? Frn-n what does this appear? § 3. Whit i's 
&q union nnder the constitution ? Where is this declared 1 



102 GOVERNMENT CLASS BOOK » ^Chap. XXVIIT 

not only of each other, but of the general government. 
True, they agreed, for their common defense and mutual 
welfare, to do certain things ; and certain other things they 
agreed not to do, but delegated to congress the power to 
do them ; but, as we have seen, congress had not the power 
tj compel the states to obey its requisitions. By the con- 
stitution, the states have given up a greater portion of their 
sovereignty to the general government, which has power, 
in certain cases, to control the state governments, and to 
enforce its laws upon them and upon individuals. 

§ 5. Again, under the confederation, as in confederacies 
generally, the states were equal. They were entitled to an 
equal number of delegates in the congress, in which they 
voted by states, each state having one vote ; that is, if a 
majority of the delegates of a state voted in favor of or 
against a proposed measure, the vote of the state was so 
counted ; and a proposition having in its favor a majority 
of the states, was carried. Every state was entitled to 
seven delegates ; but there must be at least two delegates 
present and voting, in order to give a state vote ; and if 
an equal number of the delegates of a state voted for and 
against a proposition, the state was said to be divided, and 
to have no vote. 

§6. Under the constitution there are two branches of con- 
gress, in one of which the number of representatives of each 
state is in proportion to its population ; in the other, (the 
senate,) the states are equally represented, on the principle 
of the confederation, though by two senators only. But 
the vote in both is taken, not by states as under the con- 
federation, but per capita, that is, by the head or poll, the 
vote of each member counting one. 

§ 7. The articles of confederation were framed by con- 
gress, the members of which were appointed by the state 
legislatures ; and the articles, when framed, were submit- 
ted for ratification to the state legislatures. The constitu- 
tion was framed by a convention of delegates from 'the 



$ 4. What is said of the former independence of the strife? ? What power has 
the general government acquired by the constitution ? § 5 How did the equnlity 
of the states in the old congress appear? To how many delegates were they en 
titled? How did they vote ? { 6 How are the states now represented? How 
do representatives vote ? §7. State the difference between the bodies that 
trained and ratified the two instruments respectively 



Sbup. XXVIII. j GOVERNMENT OF THE U. STATES. 103 

states appointed for that purpose ; and was ratified, not bv 
the state legislatures, but by state conventions whose mem- 
bers were elected by the people of the several states. 

§ 8. The former union, as has been remarked, was a mere 
canfederacy, composed of independent states, and united 
eimply for purposes of defense and their mutual safety. In 
most respects they had no more political connection than 
so many different nations. The people of a state were not, 
properly speaking", citizens of the United States, but only 
citizens of the state in which they lived. But by the con- 
stitution, the people of the states were incorporated into a 
nation : and a citizen of a state is also a citizen of the Uni- 
ted States. The government of the confederation, although 
sometimes called the national government, was not really 
such, nor was it generally so regarded, as appears from the 
proceedings of the convention that framed the constitution. 

§ 9. Early in the session of the convention, a resolu- 
tion was offered, declaring "That a national government 
ought to be established, consisting of a supreme legislative, 
judiciary, and executive." This resolution was strongly 
opposed by a large portion of the delegates, because it pro- 
posed to establish a national government. They were in 
favor of continuing the confederation with a slight enlarge- 
ment of the powers of congress, so as to give that body the 
power to lay and collect taxes, and to regulate commerce. 
But the friends of a national government prevailed ; and 
we have now a complete government, consisting of the 
three departments, legislative, executive, and judicial. 

§ 10. Under the confederation, there was no executive to 
execute the ordinances of congress ; nor a national judi- 
ciary, the state courts being used for all judicial purposes. 
There was only a legislature ; and that consisted of a sin- 
gle body, called the congress, appointed by the state legis- 
latures, and having scarcely power enough to entitle it to 
the name of legislature. 

§ 11. But, although the present government, with these 
three departments of power, and controlling, in matters of 

§ 8. Was the government under the confederation properly national ? How 
3oes it appear that it was not? What change did the constitution effect 1 § 9 
Whnt early act of the constitutional convention shows the present government to 
conditional? § 10. What departments of power were wanting under the con- 
federation ? § 11. Is the present government wholly national ? Why not ? 



x 04 GOVERNMENT CLASS BOOK. v [Chap. XXIX. 

general concern, the action of the state governments and of 
individuals, is proper]} 7 a national government ; yet it is 
not wholly such, but partly national and partly federal ; 
some of the federal features of the confederation having 
been retained in the constitution, as will appear on a fur- 
ther examination of this instrument. Hence the union is 
still called, with propriety, the federal union, and the gov- 
ernment the federal government 



CHAPTER XXIX 

Legislative Department. House of Representatives. 

§ 1. The first article of the constitution describes tne 
manner in which the legislature is formed, and prescribes 
its principal powers. It declares, " All legislative powers 
herein granted shall be vested in a congress of the United 
States, which shall consist of a senate and house of repre- 
sentatives." Members of the old congress were appointed 
by the state legislatures for one year, and might be recall- 
ed by them at any time. Representatives are now chosen 
for two years. It was thought that a single session was 
too short a term for men in general to acquire the know- 
ledge and experience necessary to a right performance oi 
the responsible duties of a representative. Besides, mea- 
sures are often left unfinished at the close of a session ; and 
those who have once examined their merits and dements, 
can dispose of them more promptly than new members. 

§ 2. The same clause declares that " the electors in each 
state shall have the qualifications requisite for electors of 
the most numerous branch of the state legislature." The 
qualifications of electors were various in the different 
states. (Chap. VI, § 8.) In some of them ov ners ?if pro- 
perty, or tax-payers, in others, freeholders only, were vomers. 
In some, only the latter voted for the higher officers • in a 

Chap. XXIX. § 1. Of what does congress consist? For what term were 
members of the old congress appointed 1 Why has the term of a representative 
been extended to two years 1 § 2. AVhat qualifications are required for voting 
for representatives 1 What reasons were there for 'his rule ? 



(;hap. XXIX.] GOVERNMENT OF THE U. JTATES. 105 

few, suffrage was almost universal. It was presumed that 
no state would object to its own rule for electing the pop- 
ular branch of its legislature. It is proper that a represen- 
tative should be chosen directly by those whose wants he 
is to make known, and whose rights he is to guard. 

§ 3. A representative must, at the time of his election, 
H have attained the age of twenty-five years ; and have 
been seven years a citizen of the United States f and he 
must "be an inhabitant of the state in which he is chosen.'' 
Few young men, on attaining the age of majority, have the 
knowledge, or experience, or wisdom, which is requisite to 
qualify them for the responsible duties of a representative. 
Nor is it to be presumed that an alien, at the earliest 
period at which he may become a naturalized citizen, 
would be sufficiently familiar with our institutions and the 
wants of our people to be a competent representative. 

§ 4. The next clause prescribes the rule of apportion- 
ment. " Representatives and direct taxes shall be appor- 
tioned among the several states, according to their respec- 
tive numbers, which shall be determined by adding to the 
whole number of free persons, including those bound to 
service for a term of years, and excluding Indians not tax- 
ed, three-fifths of all other persons." To the younger class 
of readers, this part of the clause needs explanation. 

§ 5. The convention found it very difficult to agree upon 
a rule of apportionment. In the first place, the states, as 
will be recollected, were entitled to an equal number oi 
delegates in the old congress ; and each state had one vote. 
But as each member of the house of representatives was to 
have a vote, the small states opposed a representation ac- 
cording to numbers, while the large states as strenuously 
insisted upon it. 

§ 6. In the next place, the slaveholding states claimed a 
representation according to numbers including slaves ; the 
nom-slaveholding states insisted on a representation ac- 
cording to the number of free persons. It may here be 
observed, that slavery then existed in all the states except 
Massachusetts ; but as the slaves were so few in the north- 

§ 3. What are the qualifications of a representative ? Give the reasons for 
these qualifications. $ 4. Give the rule of apportioning representatives and direct 
ta^es § 5, 6. What made it difficult to agree upon a rule of apportionment 1 
! 'i what states did slavery then exist 7 Name the present slaveholding states. 



106 GOVERNMENT CLASS BOOK.> [Chap. XXIX- 

era states, in which slavery has been since abolished, the 
latter are generally spoken of as if they were at that time 
non-slaveholding states. The controversy on this point rose 
so high, and the parties were for a long time so unyielding, 
that fears were entertained of a sudden dissolution of the 
convention. 

§ T. It became evident that the question could be settled 
only by compromise. The northern states consented that 
in ascertaining the number of persons to be taken as the 
basis of apportionment, three-fifths of the slaves should be 
added to the number of free persons. And as these states 
had opposed the computation of any slaves in fixing a rule 
of apportionment, on the ground that slaves are property, 
and that no property in these states entitled its owners to 
representation, the southern states consented, on their part, 
that direct taxes should be apportioned on the same basis as 
representatives. 

§ 8. To illustrate this rule by an example : Suppose a 
state to contain 600,000 free persons, and 500,000 slaves. 
Adding three-fifths of the number of slaves, (300,000) to 
the number of free persons, gives 900,000 as the number of 
the representative population : and the state would be en- 
titled to three re presenta lives for every two that a state 
would have which contained 600,000 free inhabitants and 
no slaves. So in apportioning taxes according to popula- 
tion, the state in the case we have supposed, would have 
to raise three dollars for every two that it would raise if no 
slaves were counted. 

§ 9. But the advantage of this arrangement was more un- 
equal than may at first sight appear, or than was anticipated 
by the framers of the constitution. The benefit was chiefly 
on the side of the slaveholding states. In the first place, 
two-fifths of a large class of property in these states was free 
from taxation, while none in the free states was exempt. Of 
this the framers were aware. But they did not foresee the 
fact, that the laying of direct taxes would be unnecessary, 
and that the slave states would consequently escape taxation 
for their slaves. Only a few direct taxes have been laid ; and 
it is not probable that another will soon be necessary ; the 

§ 7. Upon what terms was the question of apportionment settled ? § 8. Illus- 
trate the rule hy an example. § 9. How were the slave states benefited by this 
arrangement as to taxes ? 



Chap. XXIX.] GOVERNMENT OF THE U. STATES. 10 7 

treasury being supplied from other sources, chiefly by duties 
on imports. 

§ 10. Now, although nothing was gained by the slave states, 
nor anything lost by the free states, by excepting two-fifths of 
the slaves from the basis of taxation, since direct taxes were 
unnecessary ; there was a great gain to the slave states, which 
had, prior to the late war, between thirty and forty repre- 
sentatives for what they held to be " property to all intents 
and purposes whatsoever," for which the free states had noth- 
ing in return. 

§ 11. The constitution does not limit the house to any 
definite number of representatives ; it only declares that 
the number shall not exceed one for every 30,000 inhabi- 
tants. It requires an enumeration of the inhabitants every 
ten years ; and the next congress thereafter determines 
the ratio of representation and the number of representa- 
tives, and apportions them among the states. The word 
ratio signifies rate, or proportion. It here means the nurn • 
ber or portion of the inhabitants entitled to a represen- 
tative. 

^12. But as a representative for every 30,000 inhabitants, 
after the population became very numerous, would have 
made the house too large to transact business with due dis- 
patch, and would have unnecessarily increased the public 
expense, the ratio of representation has from time to time 
been increased. But to whatever number the ratio may be 
raised, the constitution expressly declares, that " each state 
shall have at least one representative." Neither Delaware 
nor Florida had, in 1850, a population equal to the present 
ratio ; and without the above constitutional provision, 
these states would have been deprived of a representation 
in the house, unless congress had adopted a smaller ratio. 

§ 13. It will be seen by reference to the constitution, 
that the number of representatives was for the time fixed 
at sixty-five. After the first census, taken in 1*190, the 
ratio was fixed at 33,000, which gave the house 108 mem- 



§ 10. What did they gain as to representation 1 § 11. How is the number of 
representatives limited 1 How often is the ratio of representation fixed ? § 12. 
Why has the ratio been from time to time increased? How if a representation 
secured to the smallest states 1 § 13. State the ratio and the rurahe? of repra 
suntatives after each census. 



108 GOVERNMENT CLASS ROOK. v [Ohap. XXI 

bers. After the census of 1800, the same ratio was adopt- 
ed, and the number of members was 142. 
After 1810, the ratio was 35,000 ; number of members 182. 
After 1320, the ratio was 40,000 ; number of members 213 
After 1830, the ratio was 47,700 ; number of members 240, 
After 1840, the ratio was 70,680 ; number of members 233 
After 1850, the ratio was 93,000 and a fraction, making 
the number of members 234. Besides West Virginia, which 
was taken from Virginia, six new states have since been ad- 
mitted, viz. : Minnesota, Oregon, Kansas, Nebraska, Nevada, 
and Colorado. Present ratio about 130,000, and the number 
of members 292. 

§ 14. Representatives are chosen by districts. Each 
state is divided by the legislature into as many districts 
as there are representatives to be elected in the state ; 
and one representative is chosen in each district. In most 
of the states, representatives are chosen at the general 
state election ; in the others, there are special elections foi 
choosing representatives. 

§ 15. By an act of congress, every territory belonging 
to the United States in which a government has been ss- 
tablished, is entitled to send a delegate to congress, who 
has a right to take a part in the debates of the house, ti<* 
not the riffht of voting. 



CHAPTER XXX, 

The Senate. 



§ 1. " The senate of the United "States shall be composed 
of two senators from each state, chosen by the legislature 
thereof, for six years ; and each senator shall have one 
vote." (Art. 1, sec. 3.) The convention readily agreed 
upon dividing congress into two branches ; but, as has 
been observed, it was difficult to settle the mode of repre- 

§ 14. How is a state districted for choosing representatives ? When are they 
chosen? $ 15. How are territories represented 1 Chap. XXX. j 1 Haw is 
.♦he senate constituted ? Upon what point* did the convention differ 1 JIf.w 
wa3 the matter settled / 



Chap XXX] GOVERNMENT OF THE U. STATES. 10.) 

sentation. The delegates from the large states insisted 
upon a representation in proportion to numbers, in the sen 
ate as well as in the house ; and the small states contended 
for equality in both branches. The debate was long and 
animated ; and it became apparent that, as in the case of 
slave representation in the house, there must be a com- 
promise. This was at length effected ; the small states 
consenting to a proportional representation in the house, 
and the large states to an equal representation in the 
senate. 

§ 2. It has been remarked, that the federative principle 
of the old system has been to some extent retained in the 
constitution. Both the equality of representation in the 
senate, and the election of senators by the state legisla- 
tures, are in strict conformity with the plan of the confed- 
eration, and of simple confederacies generally. Different 
modes of electing senators were proposed ; but the one 
adopted by the convention seems preferable to any other. 

§ 3. There is, however, in one particular, a material dif 
ference between the plan of the old congress and that of 
the senate. It is in the manner of voting. In the former, 
the vote was taken by states, each state having but ono 
vote ; (Chap. XXVIII, § 5,) in the latter, the senators vote 
separately, the vote of each senator counting one, as in the 
house ; and a question is decided by the united votes of a 
majority of the members, and not by the vote of a majority 
of the states. Nor is the vote of a state lost if but one oi 
its senators is present, as formerly. If, however, the two 
senators vote on different sides of a question, the effect is 
the same as when, in the old congress, the members from 
a state were equally divided. 

§ 4. There were also various opinions as to the proper 
term of office of senators. Terms were proposed differing 
in length from three to nine years ; and a proposition was 
even made by one distinguished member to make the term 
continue during good behavior, which is practically for 
life. There appear to be sound objections both to long and 
short terms. It is urged by those in favor of the latter, 
that an officer elected for a short term, especially if he de- 

§ 2. In what provision does the federative principle appear 1 * 3. In what 
h there a difference between the old congress and the senate ? 



11G GOVERNMENT CLASS BOOK v [Chap. XXX. 

sires a reelection, will have a strong" inducement toplease 
and faithfully serve those who are to elect or appoint 
him. 

§ 5. Others, however, while they admit that short terms 
tend to insure responsibility on the part of a representative, 
consider this argument more than counterbalanced by the 
objections to which a short term is liable. Looking to a re- 
election, he may act with a view to his popularity rather 
than to the public good. Again, the oftener a legislature 
is changed, the more changeable and uncertain will be the 
laws. Men having invested their capital In a business 
enterprise, and made a successful beginning under exist- 
ing laws, may be ruined by a sudden and unexpected 
change of governmental policy. 

§ G. In view of these objections to both long and short 
terms, a medium term of six years was adopted. This was 
believed to be short enough to keep up in a senator a feel- 
ing of responsibility, and yet long enough to insure his 
acting' independently and with a regard to the general in- 
terests of the nation Although a bad senator may occa- 
sionally be kept too long in office by a six years' term, cases 
also occur in which the act of a senator, especially in time 
of public excitement, is strongly condemned, but upon 
ealm and mature reflection meets th3 public approbation. 

§ 7. The next clause of the third section provides for the 
gradual change of the senate. One-third of the senators 
go out of office every two years. In favor of this arrange- 
ment are two important considerations. First, it secures 
to the public at all times the benefit of the experience of 
at least two-thirds of the body. Whereas, if the terms of 
all the senators expired at once, their places might be sup- 
plied mainly by new members without the requisite knowl- 
edge and experience. Secondly, while a long term is in- 
tended to guard against the too frequent changes in the 
laws, it may also prevent, for too long a time, the amend- 
ment or the repeal of bad laws. Such amendment or repeal 
may be hastened by the election of new members in the 
place of the one-third who retire every two years. 

§ 8. Vacancies which happen in the representation of 

$ 4, 5. What reasons are offerer! in favor of a short term of office ? WItaS 
»n favor of a long terra ? i 6. What is said in f ivor of the present terra 1 i 7 
"Vhy v/ere not the terras of d! the senators made to expire at once ? 



Uhap.XXX.] GOVERNMENT OF THE U. STATES. \\) 

any state in the senate during the recess of its legislature, 
may be filled by the governor until the next meeting of the 
legislature. Without this provision, either the legislature 
must be assembled immediately to fill the vacancy, or the 
state must remain in part, or perhaps wholly unrepresent- 
ed in the senate, until the next regular session of the legis- 
lature. 

§ 9. But an appointment may not be made by an execu- 
tive before the vacancy actually happens. In 1825, the 
term of a senator was about to expire during the recess of 
the legislature of his state, which had failed at its previous 
session to appoint a successor. As a special session of the 
senate was to be held immediately after the expiration of 
the senator's term, the governor, a few days before the term 
expired, in anticipation of the vacancy, reappointed the 
.senator. But the senate decided that, as the appointment 
had been made before the vacancy happened, the senator was 
not entitled to a seat. 

§ 10. The next clause prescribes the qualifications of 
senators. A senator must have attained the age of thirty 
years, and been nine years a citizen of the United States ; 
and he must, when elected, be an inhabitant of the state 
fur which he is chosen. As many of the duties of a sena- 
tor require more knowledge, experience, and stability of 
character than those of a representative, greater age and 
longer citizenship are required. The nature of these duties 
will be noticed in subsequent chapters, 

§ 11. The seventh section of the first article provides for 
the passage of bills negatived, or vetoed, by the president. 
Bills returned by him with his objections, become laws 
when passed by majorities of two-thirds of both houses ; 
that is, by two-thirds of the members present. They also 
become laws if not returned by him within ten days (Sun- 
days excepted) after they have been presented to him, un- 
less their return is prevented by the adjournment of con- 
gress. 

§ 12. We have passed over several sections and clauses 



§ 8. How are vacancies in the office of senator filled ? § 9. Can an appoint- 
ment be made before a vacancy actually happens ? State a case. § 10. What 
reasons are there for the required qualifications of senators as to age, citizenship, 
and residence in the state? § ll. How do bills become laws after they ha vt 
'oeen vetoed by the president ? 



112 GOVERN MEInT CLASS BOOK. y [Chap XXX i 

of this article without remark. Most of them are similar 
to some in the state constitutions, which we have noticed ; 
and the propriety of others is so readily perceived, that 
any comment upon them is deemed unnecessary. 



CHAPTER XXXI. 

Power of Congress to lay Taxes, Duties, &o. ; Power to Borrow Money. 

§ 1. Having shown how the legislative department of the 
general government is constituted, we proceed to consider 
its powers. It is thought proper, however, first to notice 
one important characteristic of the general government, in 
which it differs from the state governments, and the knowl- 
edge of which is necessary to a right understanding of the 
powers of the state and national governments respectively. 

§ 2. The general government is a government of delega- 
ted powers ; that is, powers which have been intrusted or 
delegated to it by the states, or the people of the states. 
Having derived its powers from the states, or the people, 
it has such powers only as have been conferred by the con- 
stitution. Hence it is called a government of limited pow- 
ers. The states, on the other hand, existing before the 
general government, and possessing entire sovereignty or 
supreme power, may exercise all powers which they have 
not surrendered to the general government. In other 
words, their powers are unlimited, except so far as they 
have parted with any of their original powers. 

§ 3. Most of the powers of congress are enumerated in 
the eighth section of the first article of the constitution. 
The first in the list is in these words : " Congress shall 
have power to lay and collect taxes, duties, imposts, and 
excises, to pay the debts and provide for the common defense 
and general welfare of the United States ; but all duties, im 
posts, and excises shall be uniform throughout the U. States. 

Chap. XXXI. — § 2. What difference is hero noticed between the general 
and state governments in respect to their powers? § 3. What is the first in the 
list of powers given to congress 1 



Chap. XXXI. j GOVERNMENT OF THE 0. STAIES. 1X5 

§ 4. We have already noticed the want of such a power 
in the old congress. The debt which had been contracted 
to carry on the war remained unpaid ; and congress, as we 
have seen, had no power to raise money either to pay debts 
or to defray the current expenses of the government. 
(Chap. XXVII : § 4, 6.) It could neither raise money by di- 
rect taxation ; that is, by taxing the persons and property 
of the citizens, nor by indirect taxation, which is by duties. 

§ 5. Duties, or customs, are taxes on goods imported from, 
or exported to, a foreign country. Imposts are taxes on im- 
ported goods only. Duties on exports, however, being deemed 
inexpedient, are not laid by our government. An excise is 
a tax neither on imports nor exports, but on articles produced 
and consumed in the country, and on licenses to deal in cer- 
tain commodities. The money paid for license to sell spir- 
ituous liquors is an excise tax. 

§ 6. Duties are specific and ad valorem. A specific duty is a 
specified sum of money charged upon every yard, pound, or 
gallon of any commodity. Thus, a duty of ten cents on a 
pound of tea, or of one dollar on a yard of cloth, or of fifty 
cents on a gallon of wine, is a specific duty. Ad valorem is 
a Latin phrase, signifying according to the value. An ad val- 
orem duty is a certain per centage on the value or price. 
Thus, thirty per cent, on a yard of cloth costing two dol- 
lars, is sixty cents ; on a yard costing three dollars, ninety 
cents ; the sum charged being varied by the difference in 
the price or value. 

§ 7. The power to lay duties is very properly qualified 
by the provision that " all duties shall be uniform through- 
out the United States." This was intended to prevent the 
giving of unjust preference to any one or more states over 
others. Without this restriction upon the exercise of this 
power, the representatives of a part of the states might 
combine, and by laying higher duties upon goods imported 
into other states, than upon those imported into their own, 
might turn the trade chiefly into the latter. Or they might 
in laying duties on exports, impose high duties upon the 
productions of other states, and low duties, or none at all, 
upon the products of their own. 

§ 4. For what purpose was this power necessary 1 What is direct and whal 
indirect taxation 1 §5. Define duties, customs imposts, and excises. § 6. De 
tine specific and ad valorem duties. § 7. Why are duties required to bo un^forn* 
'.Krou-rhout the United State? 7 



114 GOVERNMENT CLASS BOOK. y [Chap. XXXII 

§ 8. Although Congress has power to lay direct taxes, it 
has seldom been exercised. The duties on foreign goods 
and on the vessels in which they were imported, have been 
found sufficient for the payment of the public debt, and for 
other government purposes. The national debt in 1191 was 
about$75,000,000, and, in 1804, had risen to $86,000,000 ; yet 
chiefly by duties was this debt reduced nearly one-half by the 
year 1812. By the war which commenced that year, the 
debt was again increased, being in 1816, $127,000,000. In 
1835, this large debt had been, in the manner stated, en- 
tirely extinguished. 

§ 9. The next power mentioned is the " power to borrow 
money on the credit of the United States." Although Con- 
gress may, under the power to lay taxes and duties, raise 
money to any extent, a large amount may sometimes be 
wanted before it can be raised from the regular income or 
revenue of the nation, or even before it could be raised by 
a direct tax, which would be burdensome to the people. 
Hence the utility of the power to borrow money until it 
can be reimbursed from the national revenues 



CHAPTER XXXII. 

Power of Congress to Regulate Commerce. Commerce with Foreign Nations. 

§ 1. Next in the list of powers is " the power to regulate 
commerce with foreign nations, and among the several 
states, and with the Indian tribes." The need of no power 
under the confederation was more deeply felt than the pow- 
er to regulate foreign trade. It was the want of this power, 
as we have seen, which was the more immediate cause of 
calling the convention that framed the constitution. (Chap. 
XXVII : § 7-11.) The necessity of this power arose mainly 
from the policy of Great Britain, by which she had secured 
to herself undue advantages in her foreign commerce, es- 
pecially in her trade with this country. 

$ 8. By what means was the old national debt paid 1 How large was it at 
different periods? § 9 Why is the power to borrow money necessary 1 Chap. 
XXXII. ^ 1. From what arose the necessity of the power to regulate foreiga 
•jomineroe? What was the British policy 7 



Chap. XXX1L] GOVERNMENT OF THE U. STATES. XI 5 

§ 2. During" the war of the revolution, the direct trade 
with Great Britain was interrupted. But when peace was 
restored, our markets were again open to British goods 
and vessels, while upon American produce and American 
vessels entering British ports, heavy duties were levied. 
To enable some young readers more clearly to understand 
the objects and the unequal operation of the policy of the 
British government, the subject may need some further il- 
lustration. 

§ 3. One object was, to secure a market at home for the 
products of agricultural labor. How this is done by taxing 
foreign products, will appear from the following example : 
Suppose the market value of a bushel of wheat in Great 
Britain to be one dollar a bushel, and the cost of raising 
the article here and carrying it to that market to be the 
same. If now a duty of 40 cents a bushel is laid upon 
wheat from abroad, the English consumer, instead of buy- 
ing it with this duty added, will buy of the English pro- 
ducer. But more wheat is produced here than there is a 
market for ; and the American farmer must find a market 
abroad. But in order to sell it in the English market, he 
must pay 40 cents on every bushel to the British govern- 
ment ; or, which is the same thing in effect, he must sell it 
for 40 cents a bushel less than its value to the British pur- 
chaser, who pays the duty to that government. 

§ 4. Now, as much less American wheat will be sent to 
Great Britain than if it were free from duty, a better mar- 
ket is secured to the English farmer. Besides this, of the 
value of every bushel which Great Britain may please to 
admit, or which the people of other countries maybe obliged 
to sell to her, 40 per cent, is paid into her treasury. Thus 
by one operation, are two benefits secured, namely, the re- 
ward of agricultural labor at home, and the raising of rev- 
enue. So by the duties imposed upon foreign vessels en- 
tering her ports, the national revenue was to some extent 
increased, and great advantages were secured to her citi- 
zens engaged in the carrying trade. 

§ 5. The people of this country being nearly all employ- 
ed in agriculture, and consequently dependent upon foreign 

$2. In what consisted the inequality of trade between the two countries 1 
§ 3. Show, by example, h*ow Great Britain secured a home market for her ag- 
ricultural products. § 4. What other benefits did she derive from her policy? 



1X6 GOVERNMENT CLASS BOOK. • * [Chap. XXXll. 

markets for the sale of the surplus products of their labor, 
they were obliged to submit to the payment of these duties. 
And not possessing at that time the means of manufactur- 
ing to any considerable extent for themselves, goods in 
large quantities came in from Great Britain, for which they 
must pay in produce heavily burdened with duties, or with 
money obtained for the produce subject to these heavy 
duties. 

§ 6. To remove the inequality in the trade between the 
two countries, it was thought necessary to retaliate upon 
Great Britain by subjecting her goods and vessels coming 
into our ports to the payment of duties similar to those 
imposed on our produce and vessels in her ports. But the 
power to lay duties was with the states ; and, as we have 
seen, the states could not agree upon any effectual system ; 
for, in order to make any system effectual, the duties must 
be uniform throughout the United States. 

§ t. It was intended, in regulating trade, to render our 
own country less dependent upon foreign nations for man- 
ufactured goods, by encouraging domestic or home manu- 
factures by duties on goods imported. Duties laid for this 
purpose are called protective duties, being designed to protect 
our manufacturers against loss from the competition of 
foreigners. The nature and operation of a protective duty 
^.ay be thus illustrated : 

§ 8. Suppose foreign broadcloth of a certain quality is 
sold in this country for $2.50 a yard, and cloth of the same 
quality manufactured here can not be afforded for less than 
$3 a yard. There would now be no encouragement to any 
one to engage in the manufacture of such cloth ; because 
in order to sell it, he must reduce the price to that of the 
foreign article, which would subject him to a loss of fifty 
cents a yard. Let now a duty of $1 a yard be laid upon 
the foreign cloth, and the price would be $3.50, and prefer- 
once would be given to the domestic article, unless the im- 
porter should reduce the price of his foreign cloth to $3 ; 
in which case, it is to be presumed, about an equal quanti- 

$ 5. Why were we obliged to submit to the payment of these duties 1 Why 
not manufacture for ourselves ? § 6. Why did not our government retaliate by 
imposing like duties upon British goods and vessels 1 § 7. What are duties de- 
signed to encourage home manufactures called 1 § 8. SBoW; by example, the oj» 
oration and effect of a protective duty. 



Chap. XXXII J GOVERNMENT OF TEE U- STATES. 117 

ty of each would be consumed, and the duty of $1 a yard 
on the foreign cloth would go into the United Slates' 
treasury. 

§ 9. The same objects maj 7 , to some extent, be effected 
by the first mentioned power, " to lay taxes, duties," &c. 
In laying duties for revenue, that is, raising money to pay 
the debts and other expenses of the government, congress 
may lay the duties upon those kinds of goods which it 
wishes to protect ; and thus indirectly both encourage do- 
mestic industry and regulate commerce. From this it ap- 
pears that the three objects mentioned may be accomplish- 
ed under the grant of either one of the two general powers, 
to lay duties, and to regulate commerce. 

§ 10. Why, then, it may be asked, were both these 
powers inserted in the constitution ? The first expressly 
authorizes the laying of duties only to raise money for 
paying debts and government expenses ; and protection 
and the regulation of commerce can only be effected indi- 
rectly. Hence, if our arrangements with foreign nations 
should be such as to render it unnecessary to lay duties to 
regulate commerce, or encourage domestic industry, money 
could not be raised without the express power to lay taxes, 
duties, &c. And such might be the state of things, that 
rates of duties sufficient for revenue would be insufficient 
for the purposes of protection and regulating trade. There- 
fore, both powers are properly granted to congress. 

§ 11. Again, it may be asked, if foreign goods without 
duty can be had at lower prices than domestic, why is it 
not better for us to buy them than to force the manufacture 
and sale of our own at higher prices ? and, if there is no 
other way of raising money, why not do it by direct taxa- 
tion ? Suppose, for example, as in a preceding section, 
(§ 8,) the price of foreign cloth to be $2.50 a yard, for 
which the farmer has to pay in wheat, or in cash received 
for it. But as the wheat has to be shipped to a foreign 
market, the merchant who takes it in exchange for the 
cloth, or the cash purchaser, deducts from the foreign mar- 
ket price the cost of transportation and the foreign duty, 
which, together, let us suppose to be fifty cents a bushel, 



§ 9 By what other power may this object be partially effooted '? Show hDJV 
§ 10 Why, then, was not one of these powers sufficient ? 



U8 GOVERNMENT CLASS BOOK , fChap. XXXII 

or one-half of the foreign market price. A yard of cloth 
would then cost live bushels of wheat. 

§ 12. Let us -now suppose a domestic article at $3 a yard 
to take the place of the foreign. A large portion of the 
laborers formerly employed in agriculture, are now engaged 
in building factories and in manufacturing. These, instead 
of being producers, have become only consumers of the 
wheat of the farmers, who now have a market at home, 
thus saving the duties and the cost of transportation. As 
there are now fewer producers, the price of wheat would 
probably be not less than $1 a bushel. Therefore a yard 
of domestic cloth would cost only three bushels of wheat, 
instead of Jive paid for the foreign cloth. And as there 
would be a corresponding rise in the price of labor, more 
cloth at $3 a yard could be bought for the avails of a day's 
labor than formerly. 

§ 13. The protection of domestic industry received the 
early attention of congress. The second law passed by 
the first congress under the constitution, authorized " duties 
to be laid on goods, wares, and merchandises imported f 
and among the objects of the law expressed in a preamble 
one was " the encouragement and protection of domestic 
manufactures." For a long time, however, little was done 
in the way of protection. The principal nations of Europe, 
England included, became involved in war. A large por- 
tion of their laboring population having been called from 
agricultural pursuits into the armies, a foreign demand 
was created for American produce ; and we were enabled 
to supply ourselves at less disadvantage with foreign man- 
ufactures. 

§ 14. But after peace had been restored in Europe, and 
people had returned to their usual employments, the foreign 
demand for our breadstuffs nearly ceased ; and large quan- 
tities of foreign goods were again imported, for which our 
people were unable to pay. Congress now found it neces- 
sary to exercise, to a greater extent, its power to regulate 
trade, by discouraging importations, and encouraging do- 
mestic manufactures, and, in 1816, commenced an effective 

§ 11, 12. Show, by example, why the free importation of foreign goods and 
direct taxation are not deemed the better policy. $ 13. How early, and hew 
was domestic industry encouraged '■ What rendered high duties for a time nv 
necessary 1 



Chap. XXXIII.] GOVERNMENT OF THE U. STATES. 1J9 

system of protection. Laws have from time to time been 
passed to favor manufactures from cotton, wool, iron, and 
other materials ; and manufacturing is now carried on ex- 
tensively in this country. By thus drawing a large portion 
of the people into manufacturing and mechanical employ- 
ments, a market has been created at home for more grain, 
meat, and other agricultural products, than is required to 
supply all foreign demand. 

§ 15. The laws relating to foreign commerce prescribe 
the manner of collecting the revenue. There is in every 
port of entry a collector of customs, who superintends the 
collection of duties. When a vessel arrives it is submitted, 
with the cargo, and all papers and invoices, to the inspec- 
tion of the proper officers ; and the goods subject to duty 
*ire weighed and measured, and the duties estimated accord, 
ing to law. 



CHAPTER XXXIII, 

Power to regulate Commerce, continued. Navigation ; Commerce among the 
States, and with the Indian Tribes. 

§ 1. In regulating foreign commerce, congress has also 
passed navigation laws. Navigation is the art of conduct- 
ing ships and other vessels. It has reference also to the 
rules to be observed by owners and masters engaged in 
the shipping trade. We have noticed the navigation acts 
of Great Britain by which she built up her shipping 
interest ; (Chap. XXVTI, § 7,) and we have stated that one 
object of the power to regulate commerce was to counter- 
vail the effects of those acts upon our shipping. 

§ 2. To encourage and promote domestic navigation, an 
act was passed by the first congress conferring special 
privileges upon vessels built and owned by citizens Of the 

§ 14. What afterwards made it necessary for congress to exercise more exten- 
sively its powers to regulate trade 1 When did the system of protection properly 
commence 1 Where has since been the principal market for agricultural pro 
ducts? § 15. Where, and by whom, are the duties or customs collected 1 
Ctiap., XXXIII. § 1. What is navigation ? 



.20 GOVERNMENT CLASS BOCLI. [Chap. XXXII] 

United States. This was done by laying duties on tunnage. 
Tnnnage means the content of a ship, or the burden that it 
will carry, which is ascertained by measurement, 42 cubic 
feet being allowed to a tun. This act imposed a duty of 
fifty cents a tun on foreign vessels, and upon our own a duty 
of only six cents a tun As such a law discriminates, or 
makes a distinction or difference between domestic and 
foreign vessels, these duties are also called discriminating 
duties. 

§ 3: By the aid of these protective duties, slightly chang- 
ed from time to time, our shipping interest acquired great 
strength. But the necessity of discriminating duties no 
longer exists. By the stipulations of existing treaties be- 
tween the principal commercial nations, each is to admit 
into her ports the vessels of the others on equal terms 
with her own. Our government having become a party to 
this agreement, discriminating tunnage duties have been 
abolished. 

§ 4. The registry, however, of vessels uf the United 
States, and other regulations concerning them, are for the 
most part continued. A vessel is measured by a surveyor 
to ascertain her tunnage, and the collector records or reg- 
isters in a book her name, the port to which she belongs, 
her burden or tunnage, and the name of the place in which 
she was built, and gives to the owner or commander a 
certificate of such registry. 

§ 5. The master of a vessel departing from the United 
States, bound to a foreign port, must deliver to the collec- 
tor of the district, a manifest, which is an invoice, or ac- 
count of the particulars of a cargo of goods, and of their 
prices or value. This statement is subscribed by the mas- 
ter, and sworn by him to be true. The collector then 
grants a clearance for the vessel,which is a certificate stating 
that the commander has cleared his vessel according to law. 

§ 6. Vessels of the United States going to foreign 
countries, are, at the request of the masters, furnished with 
passports. A passport is a writing from the proper author- 
ity of a state or kingdom, granting permission to pass 

$ 2. What is tunnage ? Tnnnage duties ? For what purpose were these 
duties laid 7 m Why were they called discriminating duties '? § What has been 
their effect 1 What has caused their discontinuance ? §4. How are vosselj 
registered 1 § 5. What, is a manifest ? A clearance- ? 



Chap. XXXIII.] GOVERNMENT OF THE U. STATES. 12 J 

from place to place, or to navigate some sea without hiu- 
derance or molestation. It contains the name of the vessel 
and that of her master, her tunnage, and the number of 
her crew, certifying- that she belongs to the subjects of a 
particular state, and requiring all persons at peace with 
that state, to suffer her to proceed on her voyage without 
interruption. In this country the form of a passport is pre- 
pared by the secretary of state, and approved by the 
president. 

§ 7. The navigation laws also provide for the safety of 
passengers and the crews of vessels, limiting the number 
of passengers on passenger vessels, and prescribing the 
quantity of water and certain kinds of provisions which 
merchant vessels are required to have for each person on 
board. They also declare what persons may be employed 
on board, and how funds shall be provided for sick and 
disabled seamen. 

§ 8. Under the power to regulate commerce, congress 
has also passed laws relating to quarantines. The word 
quarantine, from the Latin quarantiria, signifies the space oi 
forty days. Originally vessels suspected of having con- 
tagious sickness on board, or of being infected with malig- 
nant, contagious disease, were forbidden, for forty days, to 
have intercourse with the place or port at which they 
arrived. The period for which ships are now detained is 
not defined, but is fixed by the proper officers at their dis- 
cretion, according to circumstances. Quarantines are re- 
quired by the health laws of the states ; and by the laws 
of congress, vessels are to be subject to the health laws of 
the state at whose ports they arrive. 

§ 9. In connection with the power to regulate foreign 
commerce, power is given to regulate " commerce among 
the several states,'* or internal commerce. We have noticed 
the difficulties which attended the different commercial 
regulations of the states, and the necessity of a uniform 
system, which could be had only by giving congress alone 
the power to regulate commerce. (Chap. XXXI., § 1) 

§ 6. At whose request are passports furnished to vessels ? What is a pass- 
port ? By whom given 1 §7. How is the safety of passengers and crew pro- 
vided for 1 §8. Define quarantine. What has congress enacted in relation U 
quarantines 1 §9. Why was power given to congress to regulate internal com 
fierce, or commerce among the states 1 

6 



122 GOVERNMENT CLASS LOOK v [Chap. XXXIV 

Without the power to regulate internal commerce, congress 
could uot give effect to the power to regulate foreign corr 
merce. One state might impose unjust and oppressive 
duties upon goods imported or exported through it by 
another state. But in the hands of congress, the power to 
regulate internal as well as foreign commerce, secures to 
all the states the benefits of a free and uninterrupted trade. 
§ 10. In granting to congress the power to regulate 
commerce " with the Indian tribes," it was intended to 
lessen the dangers of war. Murders and war had been 
provoked by the improper conduct of some of the states 
It was believed, that, by a uniform policy, difficulties would 
be more likely to be prevented ; and that if they should 
occur, they would be more likely to be amicably settled by 
the general government than by a state, which, being an 
interested party, would be more liable to misjudge the 
matter in dispute, and more rigid in demanding satisfaction 
for injuries, as well as more severe in redressing them. 



CHAPTER XXXIV 



Powers of Congress in relation to Naturalization ; Bankruptcy ; Coining Mon?y; 
Weights and Measures ; Punishment of Counterfeiting. 

§ 1. The next clause grants to congress the power " to 
establish a uniform rule of naturalization, and uniform laws 
on the subject of bankruptcies throughout the United 
States." We have already noticed some of the disqualifica- 
tions of aliens. (Chap. VI., § 5.) By the common law of 
England and this country, aliens were not only politically 
disqualified, but they could not in their own name lawfully 
hold and sell real estate. To admit aliens to all the rights 
and privileges of citizens immediately on their arrival in 
this country, and before they shall have acquired a know- 
ledge of our government and laws, and of the duties of citi- 
zens, would be inexpedient. Educated under monarchical 

§ 10. Why the power to regulate commerce with the Indian tribes ? Chap* 
XXXIV. § 1. What were the disqualifications of aliens by the common law 1 
Why are those disqualifications deemed proper 1 



Chap. XXXI V.J GOVERNMENT OF THE U. STATES. 12S 

governments, many of them, it is to be presumed, have 
little respect for our republican institutions, or at most but 
an imperfect knowledge of them. 

§ 2. But to deny foreigners the rights of citizens after 
they shall have acquired a fixed residence here, and a 
knowledge of their civil and political duties, would be 
illiberal and unjust. Provision has therefore been made 
for removing their disqualifications, or for naturalizing 
them ; that is, for investing them with the rights and 
privileges of natural born citizens. But if different rules 
were established by the different states, a person, having 
become naturalized in one state, would, on removing into 
another state, be deprived of the rights of citizenship, 
until he should have been naturalized by the laws of such 
state. Besides, by the constitution, a person, on becoming 
a citizen of any state, is a citizen of the United States, and 
entitled to the privileges of a citizen in any other state 
(Art. IV., § 2.) As, therefore, there should be one uniform 
rule, the power of naturalization is properly given to 
congress. 

§ 3. An alien, to become a citizen, must declare on oath 
before a state court or a circuit court of the United States, 
or before a clerk of either of said courts, after having resided 
three years in the United States, that it is his intention to 
become a citizen, and to renounce his allegiance to all 
foreign governments, and particularly that under which he 
formerly lived, and that he will support the constitution of 
the United States. Then after two years, the court, if 
satisfied that he has resided five years in the United States, 
and one year in the state in which the court is held, and 
that during that time he has behaved as a man of good 
moral character, and is attached to the principles of the 
constitution, may admit him as a citizen. 

§ 4. An alien minor who has resided in the United States 
at least three years before he was twenty-one years of age, 
may, at any time after that age and five years' residence 
in the United States, be admitted as a citizen, without 
having previously declared his intention to become a citizen 
Also the minor children of a naturalized citizen, if dwelling 

§ 2. When ought they to be removed ? Why should the rule of naturaliza- 
tion be uniform ? §3. Doscribethe manner in which an, alien is naturalized 1 
\ 4. IIow do alien minors become citizens ? 



VM GOVERNMENT CLASS BOOK. » [Chap. XXXIV 

in the United States at the time of his naturalization, be- 
come citizens 

§ 5. A bankrupt is an insolvent debtor ; that is, a person 
who is unable to pay all his just debts. A bankrupt law is 
9 liw which, upon an insolvent's giving up all his property 
to his creditors, discharges him from the payment of his 
'tents. Such laws are designed for the benefit of honest 
<\nd unfortunate debtors, who, by having the enjoyment of 
*heir future earnings secured to them, are encouraged to 
engage anew in industrial pursuits. But these laws, in- 
tended for the benefit of the unfortunate poor, have enabled 
dishonest and fraudulent debtors to procure a release from 
their debts. 

§ 6. Experience had shown the propriety of intrusting to 
<x>nffress the power to make these laws. The dissimilar 
and conflicting laws of the different states, and the entire 
want of them in others, had caused great inconvenience. 
A debtor, though discharged from debt by the laws of one 
state, was liable to be prosecuted on removing into another 
state. luipOiiant as sucu *aws were deemed., there is itc 
existing law on the subject. A bankrupt law was passed 
in April, 1800, and repealed in December, 1803. Another 
was passed in 1841, which was of still shorter duration. 

§ 7. The next power mentioned is the power " to coin 
money and regulate the value thereof." As a consequence 
of giving this power to Congress, we have a uniform cur- 
rency throughout the union. We have also, instead of the 
awkward system of reckoning by pounds, shillings, and 
pence, the more convenient decimal mode of calculation by 
dollars and cents. The old system was rendered the more 
inc^Lvenient by the difference in the value of a pound, shil- 
ling, and penny in the different states. A merchant in a 
New England state, buying goods in New York or Phila- 
delphia, must, in order to put prices upon them, reduce the 
currency of the state in which he bought them to New Eng- 
land currency. Thus, the cost of an article being in New 
York two shillings and four pence a pound, would be in 
Connecticut one shilling and nine pence. One shilling and 

$ 5. What is a bankrupt ? A bankrupt law 1 What is the object of such 
laws ? §6. Why is the power to pass them given to congress ? Why should 
they bo uniform 1 §7. Why is the power to coin money and regulate its value 
jnvort ro congress ? What change in the systom of reckoning has boon effected 1 



Chap. XXXIV.] GOVERNMENT OF THE U. STATES. \<%i 

six pence in New York would be in any New England state 
one shilling and a penny and a half. 

§ 8. The place where money is coined is called mint. The 
principal mint in the United States, and the first that was 
established in this country, is at Philadelphia. The busi- 
ness of coining is under the superintendence of a director. 
Under him are a treasurer, an assayer, a chief coiner, an 
engraver, and a melter and refiner. The gold and silver, 
before it is coined, is called bullion. There is a branch 
mint in New Orleans, one at Charlotte, in North Carolina, 
one at Dahlonega, in Georgia, one in California, and one in 
the city of New York. At the place last mentioned, gold 
is assayed, but not coined. 

§ 9. The clause containing the power last quoted, gives 
power also to " fix the standard of weights and measures." 
For the convenience of trade between the states, the stand- 
ard of weights and measures should be the same in all the 
states. Without such uniformity, commerce among the 
states would meet with embarrassments scarcely less than 
those experienced from the want of a uniform currency. 
To effect the desired object, this power was given to con- 
gress. 

§ 10. The next power in the list is the power " to pro- 
vide for the punishment of counterfeiting the securities and 
current coin of the United States." By securities here are 
meant bonds and other evidences of debt. As the gen- 
eral government has the power to borrow money and to 
coin money, it is proper that it should also have the power 
to provide for punishing those who forge its written obli- 
gations for the payment of the money borrowed, and who 
counterfeit its coin. These offenses are tried in the courts 
of the United States. 

§ 8. At what places is money coined 1 What is bullion ? $9. Why is tha 
p>wer to fix the standard of weights and measures vested in congress? §10. 
Why has congress the power to provide for punishing the counterfeiting of the 
securities and coin of the United States I 



126 GOVERNMENT CLASS BOOK v [ Chap. XXXV 



CHAPTER XXXV. 

Powers of Congress in relation to Post-Offices, Copy-Rights, and Patents, and 
Inferior Courts. 

§ 1. Congress has power " to establish post-offices and 
post-roads." The post-office department, from the facilities 
which it affords for the circulation of intelligence and the 
transaction of business, is an institution of incalculable 
value to the union. It is impossible to conceive all the 
difficulties which would attend the exercise of this power 
by the different states. A uniform system of regulations 
is indispensable to the efficiency of this department, and 
could be secured only by placing this power in the hands 
of congress. 

§ 2. Congress has power " to promote the progress of 
science and the useful arts, by securing, for limited times, 
to authors and inventors, the exclusive right to their re- 
spective writings and discoveries." Useful sciences and 
arts are promoted by new books and new inventions. But 
if every man had the right to print and sell every book or 
writing, without compensation to the author, there would 
be little to encourage men of ability to spend, as is often 
done, years of labor in preparing new and useful works. 
Nor would men of genius be likely to spend their time and 
money in inventing and constructing expensive machinery, 
if others had an equal right to make and sell the same. In 
pursuance of the power here given, congress has enacted 
laws for the benefit of authors and inventors. 

§ 3. The exclusive right of an author to the benefits of 
the sale of his books or writings, is called copy-right, and is 
obtained thus : The author sends a printed copy of the title 
of his book to the librarian of Congress at Washington, 
who records the title in a book, for which he receives fifty 
cents, and gives the author, under the seal of the court, a 
copy of the record, for which also he receives fifty cents. 

Chap. XXXV. § 1. Why is the power to establish post-offices given to con- 
gress ? § 2. How are useful arts and sciences promoted ? § 3. How does an au- 
thor of a work proceed in procuring a copy-right ? By whom, and where, is the 
title recorded ? 



Chap. XXXV.] GOVERNMENT OF THE U. STATES. 127 

• § 4. The author must also, within ten days after the first 
publication of the work, deliver or mail two copies to the 
librarian of Congress. And he must cause to be printed 
on the title page or page immediately following, of every 
copy of the book, words showing that the law has been 
complied with. This secures to the author the sole right 
to print and sell his work for twenty-eight years, at the 
expiration of which time, he may have his right contin- 
ued for fourteen years longer, by again complying with 
the requirements of the law as before, provided it be done 
within six months before the expiration of the first term, 
and a copy of the record published in a newspaper for the 
space of four weeks. 

§ 5. Patents for new inventions are obtained at the pa- 
tent office at the seat of government. This office is connect- 
ed with the department of the interior. (Chap. XLI, § 7.) 
The commissioner of patents superintends the granting of 
patents under the direction of the secretary of the interior. 
To secure an exclusive right to an invention, the inventor 
must deliver to the commissioner of patents, a written de- 
scription of his invention, and specify the improvement 
which he claims as his own discovery ; and he must make 
oath that he believes he is the discoverer thereof. 

§ 6. Before the petition of an inventor is considered, he 
must pay the sum of thirty dollars. If the commissioner, 
upon examination, does not find that the invention had 
been before discovered, he issues a patent therefor. Patents 
were granted for the term of fourteen years, and might be 
renewed for a further term of seven years. An act of 1870 
extends the term to seventeen years, but makes no provision 
for a renewal. 

§ 7. Congress has power "to constitute tribunals inferior 
to the supreme court." As the first section of the third 
article of the constitution, in providing for a national judici- 
ary, authorizes congress to ordain and establish such inferior 
i ourts, the insertion of the power in this place seems to 
have been unnecessary. (Chap. XLIT, § 1.) 

§ 4, What else must the author do 1 For how many years is the right ob 
♦ained 1 For what term, and how, may the right be continued 1 $5. Where 
are patents for inventions obtained 1 How does the inventor proceed 7 § 6. no\Y 
much must he pay before his petition is considered 1 For what term are patent? 
granted ? For what term may they be renewed 1 



128 GOVERNMENT CLASS BOOK. y [Chap. XXXVI 



CHAPTER XXXVI. 

Powers of Congress in relation to Piracy and Offenses against the Law of Nations; 
War ; Marque and Reprisal, Public Defense, District of Columbia : Implied 
Powers. 

§ 1. The next clause grants to congress the power " to 
define and punish piracies and felonies committed on the 
high seas, and offenses against the law of nations." Piracy 
is commonly defined to be forcible robbery or depredation 
upon the high seas. But the term felony was not exactly 
defined by the laws of England, whence the common law 
of this country was derived ; consequently its meaning 
was not the same in all the states. It was sometimes 
applied to capital offenses only ; at other times, to all 
crimes above misdemeanors. For the sake of uniformity, 
the power to define these offenses is given to congress : and 
as the states have no jurisdiction beyond their own limits, 
it is proper that congress should have the power to punish 
as well as define crimes committed on the high seas. 

§ 2. Nor were offenses against the law of nations more 
clearly defined: therefore the power to define these is 
with equal propriety given to congress. As our citizens 
are regarded by foreign nations as citizens of the United 
States and not as citizens of their respective states ; and 
as the general government alone is responsible to foreign 
nations for injuries committed on the high seas by citizens 
of the United States, this power is vested in congress. 

§ 3. Congress is also properly intrusted with the power 
" to declare war ; grant letters of marque and reprisal ; 
and make rules concerning captures on land and water." 
It is very evident that a single state ought not to be allow- 
ed to make war. As the people of all the states become in- 
volved in the evils of war, the power to declare it is justly 
given to the representatives of the whole nation. In 
monarchical governments this power is exercised by the 
king, or supreme ruler. But so important a power should 

Chap. XXXVI. § 1. Define piracy and felony. Why is the power to defino 
and punish these crimes given to congress i § 2. Why also the power to defino 
and punish offenses against the 1 iw of nations 1 § 3. Why the power to declare 
■tfar 1 Who exercises this power in monarchies? 



Chap. XXX VI. J GOVERNMENT OF THE U. STATES 129 

not be intrusted to a single individual. The framers of 
the constitution have wisely intrusted it to the, representa- 
tives of those who have to bear the burdens of the war. 

§ 4. Marque means passing the frontier or limits of a 
country ; reprisal, taking in return. Letters of marque and 
reprisal authorize persons injured by citizens or subjects of 
another nation to seize the bodies or goods of any of the 
citizens of such nation, and detain them until satisfaction 
shall be made. To permit an individual to act as judge in 
his own case in redressing his private wrongs would increase 
the dangers of war. 

§ 5. Nor should a state be permitted to authorize its 
citizens to make reprisals ; for, although such authority is 
designed to enable the citizens of one country to obtain re- 
dress for injuries committed by those of another, without 
a resort to war, the tendency of reprisals is to provoke 
rather than to prevent war ; and as the whole nation be- 
comes involved in a war, the power to authorize reprisals 
properly belongs to the general government. Indeed it is 
not clear that such license ought ever to be given. It does 
not appear strictly just to capture the bodies or goods of un- 
offending persons, especially before war has been declared 
between the two countries. But if the power to grant 
such lice use is ever to be exercised, it ought to be vested 
in congress. 

§ 6. As congress has the power to declare war, it ought 
to have power to make rules concerning the property cap- 
tured in time of war. The general practice is to distribute, 
the proceeds of the property among the captors as a reward 
for bravery and a stimulus to exertion. But proof must 
be made in a court of the United States that the pro- 
perty was taken from the enemy, before it is condemned by 
the court as a prize. 

§ 7. The next five clauses provide for the security and 
defense of the nation. The power to declare war would be 
of little use in the hands of congress, without power over 
the army, navy and militia. This had been proved by ex- 

§ 4. What are letters of marque and reprisal ? Why should not an individua! 
redress his private wrongs ? § 5. Why should not the states authorize reprisal? ? 
§ 6. Why has congress the power to make rules concerning captures 1 How is 
captured property distributed? § 7. Why is the general power to provide for 
the national defense inti usto 1 to congress 1 

C>* 



130 GOVERNMENT CLASS BOOK. v [Chap..XXXVl. 

perit ce Congress had power under the confederation to 
decla> \ war ; but, as we have seen, it could not raise 
troops nor compel the states to raise them. To guard 
agains similar difficulties in future, power to control the 
public "brces was placed where it can be promptly an I 
effective ly exercised. 

§ 8. r i he next power of congress is, " to exercise exclu- 
sive legislation over such district, not exceeding ten miles 
square, a,; may, by cession of particular states, and the 
acceptance of congress, become the seat of government of 
the Unitea States." If the seat of the general government 
were within the jurisdiction of a state, congress and other 
public officers would be dependent on the state authority 
for protection in the discharge of their duties. To guard 
the public business more effectually against the danger 
of interruption, complete and exclusive power at the seat 
of government is given to congress. The old congress had 
once, near the close of the Revolution, been treated with 
insult and abuse while sitting at Philadelphia ; and the 
executive authority of Pennsylvania having failed to afford 
protection, congress adjourned to Princeton in the State of 
New Jersey. 

§ 9. It appears that the cession of this territory to the 
general government had not yet been made ; but it was in 
contemplation by the states of Virginia and Maryland to 
cede it. It is called the District of Columbia. Its inhabi- 
tants are subject to the laws of congress. That part of 
the district which was ceded by Virginia, was in 1846, re- 
troceded by congress to that state. To congress is given, 
with equal propriety, exclusive authority ov< r all places 
purchased " for the erection of forts, magazines, arsenals, 
dock-yards, and other needful buildings." 

§ 10. The last power granted in this section, is the pow- 
er " to make all laws which shall be necessary and proper 
foi carrying into execution the foregoing powers, and all 
other powers vested by this constitution in the government 
of the United States, or in any department or officer there- 

§ 8. Why was given to congress entire control over the district containing the 
Beat of government ? § 9. What district is here referred to ? Over what other 
places has congress exclusive authority? § 10. What is the last power granted 
in the list here enumerated ? Why is this general grant of power to mako law* 
doomed nocc^sary ? 



Ohap. XXXVILJ GOVERNMENT OF THE U. STATES. 13} 

of." As it was impossible to enumerate in the constitution 
every particular act which congress might find it necessa- 
ry to perform, certain powers were expressly granted ; and 
to these powers was added this general grant of power to 
pass laws for carrying them into effect. 

§ 11. It is the opinion of eminent statesmen that this 
clause confers no additional power. They hold that the 
power therein granted is necessarily implied or included in 
the foregoing powers. For example : The power " to reg- 
ulate commerce " includes the power to cause the construc- 
tion of break-waters and light-houses, the removal of ob- 
structions from navigable rivers, and the improvement of 
harbors ; for in regulating and facilitating commerce, these 
works and improvements are absolutely necessary. So 
the power " to establish post-offices " implies the power to 
punish persons for robbing the mail. The doctrine is, 
" that wherever a general power to do a thing is given, 
every particular power for doing it is included." Hence 
it is inferred that congress would have had the power to 
pass the laws here authorized, though no express power 
for that purpose had been given. 

§ 12. Besides the long list of powers contained in the 
eighth section of the first article of the constitution, and 
considered in preceding chapters, there are sundry other 
powers of congress in subsequent articles, which will be 
noticed in their order. 



CHAPTER XXXVII. 

Prohibitions on Congress. 

§ 1. While the constitution confers on congress all the 
powers deemed necessary to be exercised for the general 
welfare, it imposes on congress certain restrictions, the 
most of which are contained in the next section. (Art. I, 
sec. 0.) The first prohibition is in these words : " The mi- 

f-'ll. What opinion is held \y some in regard to this powor 1 On what rea- 
sons is this opinion founded ? C^AP. XXXVTI. § 1. What is the first prohibi 
lion on congress 1 



[3a ttUVJSKINMiSN! CLASS BOOK. (Chap. XXXVII 

gration or importation of such persons as any of the states, 
now existing, shall think proper to admit, shall not be pro- 
hibited by the congress prior to the year one thousand 
eight hundred and eight ; but a tax or duty may be im- 
posed on such importation, not exceeding ten dollars for 
each person." 

§ 2. It is generally known that, from an early period, 
slaves had been imported into the colonies from Africa. 
At the time when the constitution was formed, laws pro- 
hibiting the foreign slave trade had been passed in all the 
states except North Carolina, South Carolinia, and Georgia. 
The delegates from these states in the convention insisted 
on having the privilege of importing slaves secured, by 
withholding from congress the power to prohibit the im- 
portation. A majority of the convention were in favor of 
leaving congress free to prohibit the trade at any time. 
But as it was doubtful whether these states would in such 
case accede to the constitution ; and as it was desirable 
to bring as many states as possible into the union ; it was 
at length agreed that the trade should be left open, and 
free to all the states choosing to continue it, until 1808, 
(twenty years ;) congress being allowed, however, to lay 
a duty or tax of ten dollars on every slave imported. 

§ 3. It has ever been a cause of wonder and regret to 
many, that the traffic in human beings should have been 
permitted by the constitution, even for the most limited pe- 
riod. It is, however, a gratifying fact, that congress exer- 
cised its power for terminating the foreign slave trade, at 
the earliest possible period. A law was passed in 1807, to 
go into effect in January, 1808, making it unlawful, under 
severe penalties, to import slaves into the United States ; 
and in 1820, the African slave trade was by law declared 
piracy, and made punishable by death. 

§ 4. The next clause is, " The privilege of the writ of habeas 
:orpus shall not be suspended, unless when, in cases of re- 
bellion or invasion, the public safety may require it." Ha- 
beas corpus, (Latin,) signifies, have the body. A person de- 
prived of his liberty, may, before the final judgment of a 

§ 2. To what has this reference ? For what reasons was this prohibition assent- 
ed to ? •} 3. Have men a natural right to buy and sell each other 1 "\\ hen was 
the foreign slave trade prohibited ? How is it now punishablo ? § 4. Define 
hsiheas corpiut. What is the privilege of this writ 1 



Chap. XXXVII. GOVERNMENT OF THE U. STATES. 13;j 

court is pronounced against him, petition a court or judge, 
who issues a writ commanding the party imprisoning 01 
detaining him, to produce his body and the cause of his 
detention before the judge or court. If the imprisonment 
or detention is found to be illegal, or without sufficient 
cause, the prisoner is set at liberty. 

§ 5. The next clause declares, " No bill of attainder or 
ex post facto law shall be passed." A bill of attainder is an 
act of the legislature by which the punishment of death is 
inflicted upon a person for some crime, without any trial. 
If it inflicts a milder punishment, it is usually called a bill 
of pains and penalties. Such laws are inconsistent with 
the principles of republican government, and are therefore 
properly prohibited. 

§ 6. An ex post facto law is literally a law made after an 
act is done, or which has effect upon an act after it is done. 
But it here means a law that makes punishable as a crime, 
an act which was not criminal when done. A law is also 
an ex post facto law that increases the punishment of a crime 
after it has been committed. If, for example, a law should 
be passed by which a person, having previously killed an- 
other in lawfully defending his own life, should be made 
to suffer death, it would be an ex post facto law, because 
killing in self-defense, before the passage of the law, was 
not punishable as a crime. Such also would be a law that 
should require all persons now charged with stealing, to 
be imprisoned for life, if found guilty ; because the crime, 
when committed, was punishable by a shorter imprison- 
ment. 

§ T. The next prohibition is, " No capitation or other di- 
rect tax shall be laid, unless in proportion to the census or 
enumeration herein before directed to be taken." The words 
capitation and capital are from the Latin caput, the head, or 
poll. Hence a capitation-tax or a poll-tax, is a tax upon each 
head or person. (Chap. VII. § 4.) The above clause 
means, that poll-taxes, if laid, must be laid in conformity to 
article 1st, section 2d, clause 3d, of the constitution, which 
requires three-fifths of the slaves to be counted in appoi v 
tioning taxes among the states according to population. 

§ 5. What is a bill of attainder ? When is it a bill of pains and penalties 1 $ 6. 
What is an ex post facto law ? Give examples of ex post facto laws. § 7. What 
is a capitation tax ? To wh-it provision of the constitution does this prohibition 
•efer" What doe.? it meen'* 



134 GOVERNMENT CLASS BOOK. fChap. XXXVII 

§ 8. The next prohibition is, " No tax or duty shall be 
laid on articles exported from any state." Probably no 
law for taxing exports could be devised which would ope 
rate equally upon the interests of the different states. Oi 
some states the principal product is cotton, rice, or tobac- 
co ; of others, grain ; and of others, manufactures ; and 
some of these products might not bear the same rates of 
duties as others. But though it were possible to devise a 
plan which would be equal in its operation, a majority of 
the representatives might be opposed to it. The represen- 
tatives of the grain producing, and those of the planting 
states, might combine in imposing excessive taxes upon 
the productions of the manufacturing states. Or the man- 
ufacturing and the grain producing states might, with the 
same intent, combine against the planting states. 

§ 9. As it was the purpose of the framers of the consti- 
tution to make taxation, as nearly as possible, equal in the 
different states, by uniform duties ; and as every necessa- 
ry object of indirect taxation may be attained by duties on 
imports ; duties on exports are properly prohibited. And 
to secure to all the states freedom and equality in trade, it is 
expressly provided in the same clause, that il no preference 
shall be given, by any regulation of commerce or revenue, 
to the ports of one state over those of another ; nor shall 
vessels bound to or from one state be obliged to enter, 
clear, or pay duties in another." 

§ 10. The next clause provides that " no money shall be 
drawn from the treasury, but in consequence of appropria- 
tions made by law." This places the public money beyond 
the reach or control of the executive or any other officer, and 
secures it in the hands of the representatives of the people. 
In pursuance of this provision, congress, at every session, 
passes laws specifying the objects for which money is to 
be appropriated. The latter part of the clause requires, 
that " a regular statement and account of the receipts and 
expenditures of all public money shall be published from 
time to time." And it is by law made the duty of the seo- 

§ 8. Why are duties on exports forbidden ? How might the interests of the 
different states be injuriously affected by taxing exports? § 9. What further 
reasons are given for this prohibition ? How is freedom and equality in trad6 
secured to the states ? § 10. By what provision is the proper disposal of the 
public moneys secured ? 



Uhap XXX ^IIL] GOVEK^MENT OF THE U. STATES. 135 

retary of the treasury to make to congress annua lly such 
statement, which is published by order of congress*; so 
that the people may know for what purposes the public 
money is expended. 

§ 11. It is next declared, that "no title of nobility shall 
be granted by the United States." Although the bare titles 
of lord,, duke, &c, which are conferred upon citizens in 
monarchical governments, could not add to the political 
power of any person under our constitution ; yet, as it is 
desirable that there should be equality of rank as well as 
of political rights, it is proper that congress should be pro- 
hibited from creating titles of nobility. And to guard 
public officers against being corrupted by foreign influence, 
they are forbidden to " accept of any present, emolument, 
office, or title of any kind whatever, from any king, prince, 
or foreign state." 



CHAPTEK XXXVIII. 

Prohibitions on the States. 

§ 1. The next section contains restrictions on the powers 
of the states. " No state shall enter into any treaty, al- 
liance, or confederation." [For the definition of treaty and 
the manner in which a treaty is made, see Chapter XL : 
§ 3-5.] An alliance is a union between two or more nations, 
by a treaty, or contract, for their mutual benefit. Confede- 
ration and alliance have nearly the same meaning. If the 
states, separately, were allowed to make treaties or form 
alliances with foreign powers, the rights and interests of 
one state might be injured by the treaties made by another 
state. As the states united constitute but one nation, it is 
obvious that the power to treat with other nations proper- 
ly belongs to the general government. If the states also 

§11. Why is the granting of titles of nobility forbidden ? How are public offi- 
cers guarded against corruption from foreign influence? Chai\ XXXVI XI 
■j 1. What is a treaty? An alliance? A confederation? Why are states 
forbidden to enter into them ? 



136 GOVERNMENT CLASS BOOK. [Chap XXXVU1 

had the power, they might counteract the policy of the na 
tional government. 

§ 2. Nor may a state " grant letters of marque and re- 
prisal." If, as has been shown, this power is properly 
given to congress, it could not be safely intrusted to the 
states. (Chap. XXXVI, § 5.) 

§ 3. The power to " coin money" is also prohibited to the 
states. It was given to the general government to secure 
a uniform currency. (Chap. XXXIV, § 7.) But this object 
would not be likely to be attained, if the power to coin 
money were exercised by the states. 

§ 4. A state may not " emit bills of credit." Bills of 
credit, to a vast amount, were issued by the states during 
the war, and for some time thereafter. They were in the 
nature of promissory notes, issued by the authority of the 
state, and on the credit of the state, and put in circulation 
by the continental congress and the states as money. This 
paper money, having no funds set apart to redeem it, became 
almost worthless. Bank bills issued upon the credit of pri- 
vate individuals, do not come under the prohibition. It is 
also held that the prohibition does not apply to the notes 
or bills of a state bank, drawn on the credit of a particular 
fund set apart for that purpose. 

§ 5. No state shall " make any thing but gold and silver 
coin a tender in payment of debts." Tender signifies an of- 
fer, or to offer. In law, it is an offer of something in pay- 
ment of a debt, or the thing itself which is offered in payment. 
Some of the states had declared their irredeemable paper 
money a lawful tender. But paper money and property of 
all kinds are continually liable to fluctuation in value, and 
might subject those who should be compelled to receive it to 
great inconvenience and loss. But although no person is 
obliged to take in payment any thing but coin, bank bills 
are by common consent taken in the course of business and 
in payment of debts, because they may be converted into 
specie by presenting them at the bank by which they are 
issued. 

$ 2. Why should not states issue letters of marque and reprisal ? §3. Why 

6hould they not coin money ? § 4. Why were they forbidden to emit bills of 

credit 1 Does the prohibition extend to bank bills 1 § 5. What is meant by 

tender, usually termed lawful or legal tender? Why should coin only be mado 

tender in payment of debts ? 



Chap. XXX VIII. j GOVERNMENT OF THE U. STATES. 137 

§ 6. Nor may a state " pass any bill of attainder, ex post 
facto law, or law impairing the obligation of contracts. * 
Bills of attainder and ex post laws have been defined and 
considered. (Chap. XXXVII, § 5.) If these laws are in 
their nature wrong, the states as well as congress should 
be prohibited from passing them. Not less unjust are laws 
impairing the obligation of contracts. Laws that should 
weaken the force of contracts, or that would release men 
from their obligations, would be contrary to the principles 
of justice, and destroy all security to the rights of property. 

§ 7. As bankrupt laws release debtors from the payment 
of their debts, and consequently impair the obligation of 
contracts, the question h?s arisen whether the states have 
power to pass insolvent or bankrupt laws. From decisions 
of the supreme court of the United States, which is the 
highest judicial authority, it appears, that a state may not 
pass a bankrupt law discharging a debtor from the obliga- 
tion of a contract made before such law was passed. But 
it was not to be considered a law impairing the obligation 
of a contract, if it existed before the contract was made ; 
because the parties, who are presumed to know that such 
law exists, may guard themselves against loss. 

§ 8. The last thing prohibited in this clause, is, " to 
grant any title of nobility." This is forbidden to the states 
for the same reason as it is prohibited to congress. (Chap. 
XXXVII, § 11.) 

§ 9. The first prohibition to the states in the next clause 
is to " lay any imposts or duties on imports or exports, 
except what may be absolutely necessary for executing 
their inspection laws." The objections to the power of the 
states to lay duties have been considered. They are 
founded upon the same reasons as have been given for 
intrusting congress with this power ; one of which is to 
secure uniformity throughout the United States. (Chap. 
XXXII, § 6.) And as congress is properly prohibited 
from laying duties on exports, (Chap. XXXVI, § 8, 9,) 

§ 6. Why is the passing of bills of attainder and ex post facto laws by states 
forbidden 7 Why are laws impairing the force of contracts prohibited ? §7. 
Do insolvent or bankrupt laws impair the obligation of contracts 1 States have 
passed such laws ; were they constitutional 1 How has the question been de- 
cided 1 § 8. Why is the granting of titles Drbidden to the states 1 § 9. What 
i/hjections to the general power of the states to tax exports or imports 1 Wha/ 
exception is made to the prohibition 1 



[38 GOVERNMENT CLASS BOOK. » [Chap. XXXIX. 

there can be no good reason for allowing it to be done bv 
the states. 

§ 10. The exception allowing a state to lay duties neces- 
sary to execute its inspection laws was deemed proper. 
Laws are passed by the states for the inspection or ex- 
amination of flour and meat in barrels, leather, and sundry 
other commodities in commercial cities, to ascertain their 
quality and quantity, and to be marked accordingly. By 
this means the states are enabled to improve the quality of 
articles produced by the labor of the country, and the 
articles are better fitted for sale, as the purchaser is there- 
by guarded against deception. A small tax is laid upon 
the goods inspected, to pay for their inspection. But, lest 
the states should carry this power so far as to injure other 
states, these " laws are to be subject to the revision and 
control of congress." 

§ 11. The last restrictions upon the power of the states 
contained in this section, are : " No state shall, without 
the consent of congress, lay any duty of tunnage ; keep 
troops or ships of war in time of peace ; enter into any 
agreement or compact with any other state, or with a 
foreign power ; or engage in war, unless actually invaded, 
or in such imminent danger as will not admit of delay." 
Some of the prohibitions here enumerated have been noticed 
in this and preceding chapters ; and the reasons of the 
others are so obvious as to render any remarks upon them 
unnecessary. 



CHAPTER XXXIX 



Executive Department. President and Vice-President ; their Election, Quali- 
fications, &c. 

§ 1. The second article of the constitution relates to the 
executive department. Of the necessity of a separate and 
distinct power to execute the laws, we have already spoken. 
(Chap. VIII, § 7.) Under the confederation, as will be 

§ 10 What is the object of this exception 1 § 11 What other restriction? «ue 
there upon the power of the states 1 



Chap. XXXIX.] GOVERNMENT OF THE U. STATES. 139 

recollected, there was no national executive. This defect 
has been supplied by the constitution. " The executive 
power shall be vested in a president of the United States 
of America He shall hold his office during the term of 
four years, and, together with the vice-president, chosen 
for the same term, be elected as follows." (Art. 2, § 1.) 

§ 2. In regard to the organization and powers of the 
executive department, there was a great diversity of 
opinion. Ought the chief executive power to be vested in 
one person, or a number of persons ? Laws should be 
executed with promptness and energy. This is more likeiy 
to be done by one man than by a number. If several were 
associated in the exercise of this power, disagreement and 
discord would be likely to happen, and to cause frequent 
and injurious delays. Unity being deemed favorable to 
onergetic and prompt action, the chief executive power of 
Uie nation was given to a single person. 

§ 3. Secondly, as to the duration of the office. Much of 
vvhat has been said in relation to the term of ofiice of 
senators, will apply to that of president. (Chap. XXX, 
§ 4-6.) His term of office should not be so short as to in- 
duce him to act more with a view to his re-election than to 
the public good ; yet it should be short enough to make 
him feel his responsibility. And it should be long enough 
to insure a due degree of independence, and to enaole him 
to carry out his system of public policy. The term of four 
years was accordingly adopted. 

§ 4. Thirdly, the mode of election. Among the various 
modes proposed, the one adopted was that of electing the 
president by electors chosen in the several states for that 
purpose ; the number of the electors chosen in each state 
to be equal to the number of its senators and representa- 
tives in congress. A material alteration in the mode of 
election has been made since the adoption of the constitu- 
tion, as will be seen by examining the two modes. (Art. 
2, § I ; and Art. 12 of Amendments.) This amendment 
does not change the manner of choosing the electors, but 
the manner of choosing the president by the electors. 

Chap. XXXTX. § 1. In whom is the executive power of the nation vested? 
$ 2. For what reasons was this power given to one person only? § 3. Why 
were four years agreed on as the official term ? § 4. By whom is the president 
elected 1 Has the mode of election ever been altered 1 



140 GOVERNMENT CLASS BOOK.* [Chap. XXXIX 

§ 5. The constitution does not prescribe the manner in 
which the electors shall be appointed or chosen ; it only 
declares that each state shall appoint them " in such man- 
ner as the legislature thereof shall direct." No uniform 
mode was adopted by the different states. In some states 
the electors were appointed by the legislature ; in others, 
by the people. At present the latter mode prevails in all 
the states except South Carolina, where presidential elec- 
tors are still chosen by the legislature. 

§ 6. The electors are, by the laws of the several states, 
chosen by general ticket. The names of two men, correspond- 
ing to the number of senators to which a state is entitled 
in congress, together with the names of as many others as 
there are representatives of the state in the lower house of 
congress, one to reside in each congressional district, are 
all placed on the same ballot ; so that every voter votes for 
the whole number of presidential electors to be chosen in 
the state. And, by a law of congress, the electors are re- 
quired to be chosen in all the states on the same day, 
which is the Tuesday next after the first Monday of Novem- 
ber. 

§ ?. The electors so chosen are" required by a law of con- 
gress, to meet in their respective states on the first Wed- 
nesday of December, and vote for president and vice-presi- 
dent ; and to make and sign three certificates of all the 
votes given by them, and seal up the same. One of these 
is to be sent by a person duly appointed by them, to the 
president of the senate at the seat of government, before 
the first of January next ensuing ; another is to be for- 
warded by mail, also directed to the president of the senate ; 
and the third is to be delivered to the United States judge 
of the district in which the electors are assembled. 

§ 8. On the second Wednesday of February, the president 
of the senate, in presence of all the senators and represen- 
tatives, opens the certificates from all the states, and the 
votes are counted. The person having a majority of all 
the electoral votes for president is elected. If no person 

§ 5. By what authority is the mnnner of choosing the electors prescribed ? 
By whom are they chosen at present 1 § 6. In what manner are they chosen ? 
Describe particularly the election by general ticket. When are electors chosen 1 
$ 7. Where and when do the electors vote for president? How. when, and tc 
whom, are certificates of their votes sent 1 



Cbap. XXXIX.] GOVERNMENT OF THE U. STATES. 14\ 

has a majority of all the electoral vctes, the house of re- 
presentatives must choose the president from those candi- 
dates, not exceeding three, who had the highest numbers of 
t u e electoral votes. But in so doing, the members do not 
all vote together ; but those of each state vote by them- 
selves ; and the candidate who receives the votes of a major- 
ity of the representatives of a state, has but one presidential 
vote for such majority ; and the person who receives the 
votes of a majority of the states, is elected. Thus in the 
election of president by the house of representatives, voting 
is done by states, as was done in passing laws by the old 
congress. (Chap. XXVIII, § 5.) 

§ 9. There have been two elections by the house of re- 
presentatives. The second was 1825. The votes of the 
electoral colleges (assemblies) had in December, 1824, 
been divided upon four candidates. Andrew Jackson had 
received 99 electoral votes ; John Quincy Adams, 84 : 
William H. Crawford, 41 ; and Henry Clay, 37. Neither- 
having received a majority of all the electoral votes, the 
election devolved upon the house of representatives. Of 
the three candidates who had received the highest numbers 
of the electoral votes, Mr. Adams received in the house of 
representatives the votes of thirteen states ; Gen. Jackson, 
the votes of seven states ; and Mr. Crawford, the votes of 
four states. Mr. Adams having received the votes of a 
majority of all the states, he was elected. 

§ 10. By the 12th article of amendments, if there is no 
election of vice-president by a majority of the electors, 
then, from the two highest numbers on the list, the senate 
shall choose the vice-president. Two-thirds of the whole 
number of senators shall constitute a quorum for such 
election ; and a majority of the whole number shall be 
necessary to a choice. 

§ 11. To be eligible to the office of president or vice- 
president, a person must be a natural born citizen of the 
United States, thirty-five years of age, and must have been 

§ 8. When, where, and by whom are the votes counted ? How is the elec- 
tion determined? If no person has a majority of all the votes, by whom is 
the election made ? How do the members vote ? §9. Describe the election 
of president by the house in 1825. § 10. How is the vice-president elected if 
there is no choice by the electors? § 11. What are the qualifications of tho 
president and vico-preeid^t 1 



j 42 GOVERNMENT CLASS BOOK. y [Chap. XXXIX. 

fourteen years a resident within the United States. The 
reasons for requiring long terms of citizenship and resi- 
dence, and mature age and experience, in the case of sena- 
tors, apply with equal force in the case of president. 

§ 12. In case of a vacancy in the office of president, the 
vice-president becomes the president. The power of making 
further provision for supplying vacancies is, by the consti- 
tution, given to congress. (Art. 2, § 1.) Congress has ac- 
cordingly enacted, that, when there is neither president nor 
vice-president, the president pro tempore shall act as presi- 
dent ; and if there should be none, the speaker of the house 
of representatives would assume the duties of the office. 

§ 13. The same section declares that the salary of the 
president shall neither be increased nor diminished during 
the time for which he shall have been elected. It would be 
improper to allow congress to reduce his salary at pleasure. 
This would make the executive dependent upon the legisla* 
ture for his support. On the other hand, if his compensa* 
tion could be increased during his official term, he might be 
tempted to use undue influence to procure a needless in* 
crease of his salary. 

§14. The presidential term commences the 4th of March 
next after the election, and ends the 3d day of March four 
years thereafter. Each successive congress also commences 
and ends its term every two years, on the same days of that 
month ; and it is called a new congress, although only one- 
third of the senators go out of office when a congress is 
said to expire, and are succeeded by new ones when the 
next congress is said to commence its official term. 

$ 12. Hew is a vacancy in the office of president supplied 1 What further 
provision is made for supplying vacancies § . § 13. Why may riot the salary of a 
president be increased or diminished § § 14. When does the presidential term 
commence and expire ? 



Chap XL GOVERNMENT OF THE U. STATLS. 143 



CHAPTER XL 

Powers and Duties of the President ; Treaties ; Public Ministers ; Appointment 
and Removals. 

§ 1. The powers and duties of the president are next 
given. " The president shall be commander-in-chief of the 
army and navy of the United States, and of the militia 
of the several states when called into the actual service 
of the United States." (Art. 2, § 2.) Some of the rea- 
sons for giving to the executive the command of the 
public forces, have been given. (Chap. XXV, § 2, 5.) It 
has also been observed, that a prompt and effectual 
execution of the laws is best* secured by intrusting this 
power to a single individual. (Chap. XXXVIII, § 2.) 
The constitution, (Art. 1, § 8, clauses 12-16,) give con- 
gress power over the army, navy, and militia, and " to 
provide for calling forth the militia to execute the laws of 
the union, suppress insurrections, and repel invasions." 
As this power is to be exercised upon sudden emergencies, 
congress has by law authorized the president to call out 
the militia for these purposes. And as the direction of the 
public forces is a power of an executive nature, it is in- 
trusted to the executive. 

•§ 2. The president has also " power to grant reprieves 
and pardons for offenses against the United States, except 
in cases of impeachment." The same power is exercised 
by the governors of the several states. (Chap. XII, § 4.) 
Through partial or false testimony, or the mistakes of 
judges or juries, an innocent person may be convicted of 
crime ; or facts may subsequently come to light showing 
the offense to be one of less aggravation than appeared on 
the trial. There should therefore be somewhere a power to 
remit the punishment, or to mitigate the sentence, or post- 
pone its execution, as the case may seem to require ; and 
by no other person or persons, it is presumed, would this 
power be more judiciously exercised than by the executive. 

Chap. XL. § 1. What high military office has the president ? Why is tho 
command of the public forces intrusted to him 1 §2. For what reasons \h? 
power tf 1 grant roprioves and pardons 1 



jjjj GOVERNMENT CLASS BOOKv [Chap. XL 

§ 3. The president has " power, by and with the advioe 
and consent of the senate, to make treaties, to appoint 
embassadors, other public ministers and consuls, judges ol 
the supreme court," and other officers, " provided two-thirds 
of the senators concur." A treaty is an agreement or con 
tract between two or more nations, for regulating trade, 
or for restoring or preserving peace. This power ought 
therefore to be in the national government. In monarchical 
governments it belongs to the king. To confide so im- 
portant a trust to the president alone, would be imprudent 
To associate the house of representatives with the president 
and senate, as in making laws, would render it impossible 
to act with the decision, secrecy, and dispatch, which are 
sometimes necessary in making treaties. 

§ 4. As the treaty-making power appears to be in its 
nature neither wholly executive nor wholly legislative, but 
to partake of the nature of both, a part of the legislature is 
properly associated with the president. As the senate, 
being less numerous than the house, is capal le of acting 
more promptly as well as more easily convened and at less 
expense, that body is more properly united with the execu- 
tive in the exercise of this power And it is equally pro- 
per that the power to appoint embassadors and others by 
whom treaties are negotiated, should be placed in trie same 
hands. 

§ 5. Treaties are negotiated ; that is, the provisions or 
terms are arranged and agreed upon, by the agents of the 
two governments ; and a copy of the articles of agreement 
is sent to each government to be approved and confirmed, 
or, as it is usually expressed, to be ratified. Both govern 
ments must ratify, or the treaty fails. Treaties are ratified, 
on the part of our government, by the president and senate. 
This is what is meant by their making treaties. The per- 
sons by whom treaties are negotiated are sometimes ap- 
pointed by their governments for that special purpose ; but 
the business is perhaps more frequently done by the per- 
manent representatives or ministers of the respective gov- 
ernments. 

§ 3. What other powers has the president ? For what purposes are treaties 

made ? Who exercises this power in monarchies 1 Why is not the housa 

associated with the president and senate ? § 4. For what reasons is the senate 

preferred 1 Who appoint embassador.? 1 $5. By whom ond how aro treaties 

ogotutod 1 By whom ratified ? 



Jhap XL 1 GOVERNMENT OP THE U. STATES 145 

§ 6. Each of the principal civilized nations has some officer 
at home who acts as agent in negotiating treaties and trans- 
acting business with foreign governments, and has also a 
representative at the seat of each foreign government for 
this purpose, and for keeping his government apprised of 
what is done abroad. Our government has a minister in 
Great Britain, one in Russia, one in France, one in Spain, 
and one in each of the other principal commercial nations ; 
and each of these nations has a minister residing at the 
city of Washington, the seat of government of the United 
States. The officer of our government who corresponds 
with foreign ministers here, and with our ministers abroad, 
is the secretary of state. The negotiation of treaties at 
home with the ministers of foreign governments residing 
here, is done by him. 

§ 1. Representatives at foreign courts have different 
names or titles : embassadors, envoys, ministers, and 
charges des affaires. An embassador who is intrusted 
with the ordinary business of a minister at a foreign court, 
is called an embassador in ordinary. An embassador extra- 
ordinary is a person sent on a particular occasion, who 
returns as soon as the business on which he was sent is 
done. He is sometimes called envoy ; and when he has 
power to act as he may deem expedient, he is called envoy 
plenipotentiary ; the latter word signifying full power. An 
ordinary embassador or minister resides abroad, and acts 
in obedience to instructions sent him from time to time. 

§ 8. Agents or representatives sent by our government 
to reside at foreign courts, are called ministers. Formerly 
those sent to the less important countries, were called 
charges des affaires, who are ministers of a lower grade. 
The name, usually written charges d'affaires, is French, 
and is pronounced shar-zha-daf-fair, accented on the first 
and last syllables. It means a person having charge of 
the affairs of his nation. It is not at present applied to 
any of our representatives abroad, all being called by tho 
common name of minister. 

§ 6. What is here mentioned as the practice of civilized nations ? What are 
the duties of the secretary of state in our intercourse with foreign nations 1 $7. 
What titles have representatives at foreign courts'? Who are embassadors 
in ordinary and extraordinary ? Envoys 1 Envoys plenipotentiary ? § 8. 
What are our representatives abroad called 1 What are charges des affaires f 



146 GOVERNMENT CLASS BOOK. [Chap. XL 

§ 9. Consuls are agents of inferior grade. They reside in 
foreign seaports. Their business is to aid their respective 
governments in their commercial transactions with the 
countries in which they reside, and to protect the rights, 
commerce, merchants, and seamen of their own nation. 
Hence much of their business is with masters of vessels, 
and with merchants. They also dispose of the personal 
estate of citizens of their own nation who die within their 
consulates, leaving no representative or partner in trade to 
take care of their effects. 

§ 10. The appointment of judges of the supreme court 
by the president and senate, seems to be proper. Their 
election by the people, most of whom could have little or 
no knowledge of the persons who should be chosen, would 
be injudicious. Besides, the mass of the voters are not so 
competent to judge of the qualifications necessary for so 
important a judicial office, as those to whom the constitu- 
tion lias given the power of appointment. 

§ 11. The power of appointing the head officers of the 
several executive departments, is with equal propriety 
given to the president and senate. As the president is in 
a measure responsible for the acts of his subordinates who 
ccnduct the business of these departments, and as, without 
their cooperation, he could scarcely carry out his own mea- 
sures, it is proper that he should have the right of select- 
ing them ; and by being required to submit his choice to 
the body of senators for their approval, a sufficient safe- 
guard is provided against the appointment of unworthy or 
incompetent men. 

§ 12. " The president shall have power to fill up all va- 
cancies that may happen during the recess of the senate, 
by granting commissions which shall expire at the end of 
the next session." (Art. 2, sec. 2, clause 3.) Without such 
a power somewhere, the public interests would often suffer 
serious injury before the senate should again be in session 
to act upon a nomination by the president. As it is his 
duty to see that the business of the executive offices is 

§ 9 What is the business of consuls 1 § 10. Why is the appointment of judgoa 
of the supreme court given to the president and senate 1 § 11. For what reason 
should the president have the right to select \\e bfl^d? of the departments 1 § 12. 
What power has the president alone in filling "<»o<wcie3 1 Why is such a power 
necessary ? 



Chap. XLI.: GOVERNMENT OF THE U. STATES. 14f 

faithfully done, he seems to be the proper person to make 
wich temporary appointment. 

§ 13. The powers and duties of the president enumera- 
ted in the next section of the constitution, are all necessary 
to insure a successful administration of the government ; 
and they are so clearly of an executive nature, that they 
could not with an^ degree of propriety have been devolved 
upon any other officer or department of the government. 

§ 14. The last section of this article of the constitution 
enumerates the prisons liable to be removed from office by 
impeachment, and the offenses for which they are thus re- 
movable. As in ilie state governments, so in the general 
government, impeachments are made by the house of re- 
presentatives, and tried by the senate. (Chap. XX, § 6-8 ; 
Dons. U. S., art. I § 2, 3.) 



CHAPTER XLI. 



Auxiliary Executive Departments. Departments of State, of the Treasury, of 
the Interior, of War. of the Navy, of the Post-Office ; Attorney-General. 

§ 1. The great amount and variety of the executive busi- 
ness of the nation, requires the division of this department 
into several suboxJinate departments, and the distribution 
among them of the different kinds of public business. At 
the head of each of these departments is a chief officer. 
These chief officers, sometimes called heads of departments, 
with the attorney general, being private advisors or coun- 
selors of the president, are called the cabinet. They are ap- 
pointed by the president and senate. 

§ 2. By the first congress under the constitution, were 
established the state, treasury, and war departments, whose 
head officers, called secretaries, and the attorney-general, 

$ 13. What other pewers and duties of the president are mentioned in the con- 
stitution 1 § 14. What officers are removable by impeachment 1 and for what 
offenses? Chap. XLI. y 1. Among what departments is the executive business 
of the nation distributed ? By what names are the head officers called ? How 
appointed 1 §2. WhaL ,'epartments did the first congress establish 7 What of- 
ficers constituted the first cabinet'? When were the heads of the navy, post-of 
fice, and interior departments respectively added ? 



US SOVERNfojflNT CLASS BOOK [Chap. XU 

constituted the first cabinet. In IT 98, the navy department 
was established. During president Jackson's term of of- 
fice, the postmaster-general was made a cabinet officer. 
And the establishment, in 1849, of the department of the 
interior, added to the cabinet the seventh member. 

§ 3. The secretary of state performs such duties as are com- 
mitted to him by the president relating to foreign inter- 
course. Some of these duties have been mentioned. (Chap. 
XXXIX, § 6.) He conducts all our diplomatic correspond- 
ence, being the official organ of communication with the 
ministers of foreign governments sent to this country, and 
with our ministers abroad. Diplomacy signifies the rules 
and customs which govern the intercourse of nations through 
their ministers or agents ; also the management of the 
business of a nation by its minister at a foreign court. 
And such minister, especially if he manages with ability 
and skill, is called a diplomatist. 

§ 4. The secretary of state keeps the seal of the United 
States ; and he makes out, records, and seals all civil com- 
missions to officers appointed by the president and senate, 
or by the president. His duties in relation to the publish- 
ing and distributing the laws, and certain other matters, 
are similar to the duties of a secretary of state of a state 
government. 

§ 5. The secretary of the treasury has charge of the finances 
of the nation. He superintends the collection of the reve- 
nue, and performs certain other duties of the nature of the 
controller or auditor of a state. (Chap. XIII, § 3.) He 
lays before congress annually a report of the finances, con- 
taining a statement of the public revenue and expenditure 
during the past year, the value of the imports and exports, 
and estimates of the revenue and expenditures for succeed- 
ing years, and plans for improving the revenues. He also 
makes annually a statement of appropriations of money, 
and of sums remaining in the treasury. 

§ 6. The vast amount of business in this department re- 
quires a great number of assistants ; among whom are 
several controllers and auditors of accounts ; a treasurer, 

§ 3.' What are the duties of the secretary of state relating to foreign affairs 1 
Dsfine diplomacy and diplomatist. § 4. What are the duties of the secretary in 
relation to home affairs 1 § 5. What are the duties of the secretary of tbo 
treasury ? §6 What are his principal assistants 1 



Chap.XLL] GOVERNMENT OP THE U. STATES. ^49 

a register, who keeps the accounts of goods imported and 
exported, and of the shipping employed in our foreign trade ; 
a solicitor ; a recorder ; and numerous clerks. 

§ ?. The secretary of the interior superintends the business 
relating to the public lands, public buildings, the lead 
mines and other mines of the United States, Indian affairs, 
patents, and pensions. A pension is a yearly allowance to 
a person by the government for past services. In this 
country pensions are granted for services in war. They 
were at first allowed only to such as had been disabled in 
the war of the revolution and in the war of 1 812 ; and sub- 
sequently to all who had served at least six months in the 
revolutionary war, and to their widows during their lives. 
Those disabled in the late war with Mexico have also been 
added to the pension list. And by recent acts of congress, 
bounties of lands were to be allowed to all the surviving 
soldiers of the war of 1812, who had served one month 
therein. 

§ 8. The secretary of war performs duties relating to mili- 
tary commissions, or to the land forces and warlike stores 
of the United States. The standing army of the nation 
consists at present of about 15,000 men, who are distribut- 
ed among the several military stations, armed and ready 
for service. He reports annually a statement of the expen 
diture and application of moneys drawn from the treasury 
for his department, and makes such suggestions relative tc 
its condition as he thinks proper. He is assisted by sub 
ordinate officers and clerks. 

§ 9. The secretary of the navy executes the orders of the 
president for procuring naval stores and materials, and for 
equipping and employing vessels of war, and performs 
such other duties pertaining to the naval establishment as 
are required of him. Three officers are appointed by the 
president and senate, who constitute a board of commission- 
ers for the navy, and discharge the ministerial duties of the 
office of the secretary, and furnish estimates of the expendi- 
tures of the department. 

§ 10. The postmaster-general establishes post-offices, ap- 

$ 7. What are the duties of the secretary of the interior 1 What is a pension ? 
To what classes of persons are pensions allowed ? To whom are bounties of lands 
allowed ? § 8. To what do the duties of the secretary of war relate 1 § 9. What v 
the business of the secretary of the navy ? and of the navy commissioners? 



JfO GOVERNMENT CLASS BOOK. [Chap. XL1 

points postmasters and other persons employed in the 
general post-office, and provides for carrying the mails. He 
is assisted by three assistant post-mcisters-general, an 
auditor of the post-office treasury, to audit and settle the 
accounts of the department, and to superintend the collec- 
tion of the debts due the department. The business of this 
department requires a large number of cierks. He reports 
annually all contracts made for the transportation of the 
mail, and a statement of the receipts and expenditures of 
the department. The ordinary revenues during the fiscal 
year ending June 30, 1871, were $21,194,713 ; the expen- 
ditures, $25,431,370. 

§11. Postmasters are required to advertise, at stated pe- 
riods, all letters remaining in their offices. In cities and other 
large business towns, letters arc at present [1875] advertised 
weekly, and where the receipts are small, or below a specified 
amount, /etters are advertised monthly. Advertised letters 
remaining in the office for the period prescribed by law, are 
sent as dead letters to the general post-office, where they are 
opened ; and such as contain money or other valuable matter 
are returned by mail to the writers. The number of letters 
received at the dead letter office during the year ending June 
30, 1871, were, domestic, 3,973,075; foreign, 221,673. Post- 
masters send quarterly to the general post-office accounts of 
moneys received for postage, and of those paid out on orders 
of the department. 

§ 12. Postmasters are allowed for their services a compen- 
sation fixed by law. At present [1875] they have fixed annual 
salaries, which are ascertained by a commission on the amount 
of postal receipts. The commission varies according to the 
amount received ; the per centage being greater on small than 
on large sums. Box rents form a part of the postal receipts. 
If the amount of commissions exceeds the salary of the post- 
master, the excess is to be paid to the general post-office. 
Postmasters whose compensation amounts to $1000 or more 

§ 10. What are the principal duties of the postmaster general 1 Who are his 
principal assistants ? § 11. What is the business of postmasters in relation to 
keeping accounts of letters, advertising letters, and making returns to the gen- 
eral post-office ? What are dead letters? § 12. How are postmasters paid for 
their services ? State the rates of commission. To what amount of compensation 
are postmasters limited ? What postmasters are appointed by the president and 
senate ? 



Chap.XLIL] GOVERNMENT OF THE U. STATES. 151 

in a year, are appointed by the president, with the concur- 
rence of the senate. The number of postmasters reported in 
1871 was 30,045. 

§ 13. By early postage laws, postmasters were allowed to 
receive and send, free of postage, letters on their own pri- 
vate business, not exceeding a certain weight. And mem- 
bers of congress, during their term of office, might send and 
receive their own private letters, and send all public docu- 
ments free. This immunity is called franking. The frank- 
ing privilege has been almost entirely abolished. The great 
reduction in the rates of postage, which permits the trans- 
mission of intelligence between the two remotest points of 
our vast territory for one cent, renders the franking privilege 
of little value. A person entitled to send matter free, must 
write on the outside his name and the title of his office. 
Civil officers at the seat of government may frank matter 
relating to the business of their offices, by marking it outside, 
" official business." 

§ 14. The attorney-general attends to all suits in the supreme 
court of the United States in which the United States is a 
party or is concerned, and gives his opinions on questions 
of law when requested by the president or heads of depart- 
ments. 



CHAPTER XLII 

Judicial Department. 



§ 1. We come now to the third article of the constitution. 
The first two sections provide for the organization, and pre- 
scribe the powers, of the courts, of the United States. The 
want of a national judiciary was a material defect of the 
confederation. Dependence upon the state courts to enforce 
the laws of the union, subjected the government to great 
inconvenience and embarrassment. A government that 

§ 13. Who are entitled to the franking privilege ? and to what extent ? How 
is franking done 1 What government officers frank matter on official business \ 
l 24 What are the duties of the attorney-general ? 



152 GOVERNMENT CLASS BOOK. [Chap. XLI1 

has a legislature and an executive, should also have a judi- 
ciary to judge of and interpret the laws. The constitution 
declares that " the judicial power of the United States shall 
be vested in one supreme court, and in such inferior courts 
as the congress may ordain and establish." Under the au- 
thority here given, congress passed the judiciary act of 
1789, by which the several courts of the United States were 
established. 

§ 2. The same section declares, " The judges of both the 
supreme and inferior courts shall hold their offices during 
good behavior." In no other department of the general go 
vernment are offices held for so long a term, which is vir- 
tually for life, unless removed on impeachment, or for ina- 
bility. To insure a correct and impartial administration of 
justice, the judges should be independent. If they could 
be displaced at the pleasure of the appointing power, or 
by frequent elections, they might be tempted to conform 
their opinions and decisions to the wishes of those on whom 
they wei;e dependent for continuance in office. The object 
of the framers was to remove them as far as possible from 
party influence. 

§ 3. It is further provided, with a view to the independ- 
ence of the judges, that their " compensation shall not be 
diminished during their continuance in office." Salaries are 
fixed by congress. To give congress power over the purse 
of an officer, is to give it power over his will. Dependence 
upon the legislature would be as great an evil as depend- 
ence upon the appointing power. Besides, men generally 
selected for high judicial offices are eminent lawyers, pur- 
suing a lucrative professional business ; and, without a 
liberal salary, men of the greatest ability would not accept 
these offices ; or if in office, an essential reduction of their 
compensation might inauce them to resign their offices. 

§ 4. The next section enumerates the cases to be tried 
in these courts. It is evident from their nature that state 
courts are not the proper tribunals to try them. Also all 
violations of the laws of the United States are tried in the 

Chap. XLIL § 1. Was there a national judiciary under the confederation? 
In what courts is the judicial power of the U. S. vested ? § 2. By whom, and for 
what term, are the judges appointed ? Why is the term made so long ? $ 3.How 
is the independence of the judges further secured? Why should congress not 
have power to reduce their salaries ? §4. Cases of what nature are tried in 
the national courts? 



Chap. XLIL] GOVERNMENT OF THE U. STATES. %*$ 

national courts. Thus, the counterfeiting of United States 
coin, murder and other crimes committed on the sea, be 
yond the jurisdiction of a state, smuggling goods, that is, 
secretly importing dutiable goods without paying the du- 
ties, infringements of patent rights, &c, are prosecuted in 
courts of the United States. 

§ 5. The third clause of this section declares, that " the 
trial of all crimes, except in cases of impeachment, shall be 
by jury ; and such trial shall be held in the same state 
where the said crimes shall have been committed." This 
is intended to secure the trial of the accused among his 
friends and acquaintances, and near the residence of his 
witnesses, whose attendance in a distant state could not 
be had without great inconvenience and expense, which 
might deprive him of the benefit of an important witness. 

§ 6. There are three kinds of national courts : the su* 
preme court, circuit courts, and district courts. Every 
state constitutes at least one district. The larger states 
are divided into two or more districts. Tn each district is 
a district judge, who holds a court four times a year. There 
are also in each district, a district attorney, to conduct suits 
on the part of the United States, and a marshal, whose busi- 
ness is similar to that of a sheriff. This court tries the 
more common civil cases, arising under the laws of the 
United States, and the lower crimes against the laws of the 
United States, committed on land and sea. This court has 
in some cases a jury. 

§ 1 . There are nine circuits, each embracing several states. 
In each circuit is a justice or a. judge, who holds a court in 
his circuit twice a year. The district judge of the district 
in which a circuit court is held, sits with the circuit judge 
in holding a circuit court. This court tries causes between 
citizens of different states, between aliens and citizens, and 
those in which the United States are a party. It also tries 
some cases in appeal from the district courts. It tries mat- 
ters relating to affairs on the high seas, and all felonies 
punishable with death. It has a grand and a petit jury. 

§ 8. The supreme court is composed of the nine judges of 

§ 5. Why is the trial of crimes to be held in the state where committed 1 § 6 
Which are the lowest national courts 1 How is a district court constituted? 
What cases does it try ? § 7. How many circuits are there 1 How is a circuit 
court constituted 1 What cases does it try ? 

7* 



154 GOVERNMENT CLASS BOOH. [Chap. XLIII 

tho circuit courts, one of whom is chief-justice, the others 
are called associate justices. It holds one session annual- 
ly at the seat of government, commencing in January or 
February, and continuing about two months. It will be 
seen from this section of the constitution, that this court 
has original jurisdiction in but few cases. Its principal 
business is to rejudge cases brought up from the circuit 
courts. 

§ 9. An important object of a supreme court of the 
United States, is to secure a correct and uniform interpre- 
tation of the constitution and laws of the United States. 
State laws and decisions of state courts, are sometimes 
made which are supposed to be repugnant to the constitu- 
tion and laws of the United States. What may be pro- 
nounced constitutional in one state, may be declared un- 
constitutional in another. Therefore it is provided that 
when an act or judgment in a case tried in the highest or 
last court in a state is deemed inconsLlsnt with the con- 
Btitution or laws of the United States, such case may be 
removed to the supreme court of the United States, whose 
decision governs the judgment of all inferior courts through- 
out the union. 



CHAPTER XLIII. 

Treason defined ; its Punishment. 

§ 1. The constitution defines treason, as follows : " Trea- 
son against the United States shall consist only in levying 
"yar against them, or in adhering to their enemies, giving 
them aid and comfort." Art. 3, sec. 3 A proneness to 
construe less aggravated crimes into acts of treason, made 
it proper that the constitution should den tie the crime. The 
term levying war has the sense here which it was under- 
stood to have in the English statute, from which it was 

§ 8. How is the supreme court constituted 1 Where, and when, does it hold 
sessions? What is its principal business ? §9. What important object is se 
cured by the supreme court ? How are state laws and the decisions of state 
courts affected by the decisions of the siifcme court o." Ihe United States J 



Chap.XLIIL] GOVERNMENT OF THE U. STATES. 155 

adopted. An assemblage of men for a treasonable purpose, 
such as war against the government, or a revolution of any 
of its territories, and in a- condition to make such war, con- 
stitutes a levying of war. 

§ 2. War can be levied only by the employment of force ; 
troops must be embodied ; men must be openly raised ; 
but there may be treason without arms, or without the ap- 
plication of force to the object. When war is levied, all 
who perform a part, however remote from the scene of ac- 
tion, being leagued in the conspiracy, commit treason. But 
a mere conspiracy to levy war is not treason. A secret, 
unarmed meeting of conspirators, not in force, nor in war- 
like form, though met for a treasonable purpose, is not 
treason ; but these offenses are high misdemeanors. 

§ 3. The constitution also prescribes the proof necessary 
for the conviction of treason. " No person shall be convict- 
ed of treason, unless on the testimony of two witnesses to 
the same overt act, or on confession in open court." No 
evidence less than this should be considered sufficient to 
convict a person of a crime for which he is to suffer death. 

§ 4. " Congress shall have power to declare the punish- 
ment of treason." Art. 3, sec. 3. By the common law, 
the punishment of treason was of a savage and disgraceful 
nature. The offender was drawn to the gallows on a hur- 
dle ; hanged by the neck and cut down alive ; his entrails 
taken out and burned while he was yet alive ; his head cut 
off ; and his body quartered. Congress, in pursuance of 
the power here granted, has very properly abolished this 
barbarous practice, and confined the punishment to simple 
death by hanging. 

§ 5. But the same clause provides, that " no attainder of 
treason shall work corruption of blood, or forfeiture, except 
during the life of the person attainted." Attainder literally 
signifies a staining, or rendering impure ; but it here 
means a conviction and judgment in court against the of- 
fender. By the common law, the sentence of death for 
treason was made to affect the blood of the traitor ; so that 

Chap. XLITI. § 1. Why was the definition of treason put into the constitu 
'don ? Wbat is levying war 1 § 2. State more particularly what does and what 
loes not constitute levying war and treason? §3. What proof is required to 
jonvict of treason ? §4. How was treason punished by the common law ? How 
has congress made it punishable 7 



156 GOVERNMENT CLASS BOOK. [Chap. XLIV 

he could neither inherit property nor transmit it to heirs ; 
but his estate was forfeited. This practice, so unjust to 
the innocent relatives of an offender, is properly abolished 
by the constitution ; and congress has declared that " no 
conviction or judgment shall work corruption of blood, or 
any forfeiture of estate." So that while this law continues, 
there is no forfeiture, even during the life of the person at> 
tainted. 



CHAPTER XLIV. 



State Records ; Privilege of Citizens ; Fugitives ; Admission of New States 
Power over Territory ; Guaranty of Republican Government. 

§ 1. " Full faith and credit shall be given in each state to 
the public acts, records, and judicial proceedings of every 
other state. And the congress may, by general laws, pre- 
scribe the manner in which such acts, records, and pro- 
ceedings shall be proved and the effect thereof." Art. 4, 
sec. 1. Without this provision, a person against whom a 
judgment has been obtained, might remove with his pro- 
perty into another state, where the property could not be 
taken on execution without a new trial and judgment ; 
which, at so great a distance from the residence of the 
creditor and his witnesses, would be very difficult and ex- 
pensive, and perhaps impossible. Now, the proceedings 
of the court in which a judgment is obtained, if sent to the 
place where the debtor resides, have the same effect as in 
the state in which such proceedings were taken. 

§ 2. There are several other cases which this provision 
is intended to meet. But, as is seen, the effect of these 
acts, records, and judicial proceedings, and the manner of 
proving them are to be prescribed by congress. In pursu- 
ance of the power here granted, congress has enacted, that 
a certificate under seal of the clerk of a court of record, 

§ 5. What is attainder 1 Its meaning here 1 By the common law, how did 
the sentence of death for treason affect the traitor 1 What has congress declared 
coDcerning conviction for treason 1 Chap. XLEV. §1. What is the object of 
the provision concerning state records ? 






Chap.XLIVj GOVERNMENT OB THE U. STATES. J 57 

transmitted to any state of the union, shall there be deem- 
ed evidence of the facts therein stated. But if the thing 
certified is a judicial proceeding, such sealed certificate 
must be accompanied by the certificate of the presiding 
judge or justice, that the attestation of the clerk is in due 
form. Acts of a state legislature, to be entitled to credit 
in another state, must have the seal of the state affixed to 
them. 

§ 3. The next section of this article provides, that " the 
citizens of each state shall be entitled to all the immunities 
and privileges of citizens in the several states." This 
means that the citizens of any state going into other states, 
shall not, by the laws of those states, be deprived of any of 
the privileges of citizens ; but shall be entitled to the priv- 
ileges which are enjoyed by persons of the same descrip- 
tion in the states to which they remove. Without such a 
provision, any state might deny to citizens coming into ii 
from other states, the right to buy and hold real estate, or 
to become voters, or to enjoy equal privileges in trade or 
business. A state may, however, prescribe a certain term 
of residence therein as a qualification for voting at elections. 

§ 4. The next clause of this section provides for appre- 
hending " a person charged with crime, who shall flee from 
justice and be found in another state." The governor of 
the state from which such person has fled, sends a requisi- 
tion to the governor of the state in which he is found, de- 
manding his delivery to the proper officers, to be conveyed 
back for trial. Without such authority to apprehend crim- 
inals, they might escape justice by taking shelter in an- 
other state. 

§ 5. In the same section it is provided, that " no person 
held to service or labor in one state, under the laws thereof, 
escaping into another, shall, in consequence of any law or 
regulation therein, be discharged from such service or labor, 
but shall be delivered up on claim of the party to whom 
such service or labor may be due." This clause was in- 

§ 2. In giving effect to this provision, what has congress enacted ? In case of a 
judicial proceeding, what is required 1 What in case of an act of a state legisla- 
ture 1 § 3. What is meant by the clause concerning the privileges of citizens in the 
several states'? Without such provision, what might a state do ? §4. How is a 
fugitive from justice arrested and returned for trial ? § 5. Who are meant by 
" persons held to service or labcr, escaping into another state V 1 What provision 
r >f the common law induced the adoption of this clause ? 



158 GOVERNMENT CLASS BOOK. [Cfoap. XLIV 

tended for the benefit of the slaveholding states. By the 
common law, a slave escaping into a non-slaveholding state 
became free. As it was presumed that other northern states 
would follow Massachusetts in abolishing slavery, the 
southern states wanted some provision to enable them to 
reclaim their fugitive slaves. 

§ 6. Slaves were reclaimed in pursuance of an act of con- 
gress. The owner of a runaway slave, finding him in a free 
state, arrested him and brought him before a magistrate; and 
if he proved his title to the slave, to the satisfaction of the 
magistrate, the slave was delivered to the owner or claimant. 
Free colored persons were sometimes arrested, and, on false 
testimony, delivered to claimants, taken to slave states, and 
held as slaves. Hence it was contended by many that a per- 
son claimed as a slave, should be entitled to trial by a jury; 
and that the fact of his being a slave should be proved before 
his delivery to a claimant. Many persons, believing freedom 
to be the natural right of all men; held also that all laws for 
returning fugitive slaves were morally wrong, and ought not 
to be obeyed. « 

§ 7. The first clause of the next section provides, that' 
11 new states may be admitted into this union," and requires 
the consent of congress and of the states concerned, to the 
formation of new states from old ones. A provision of this 
kind was deemed necessary in view of the large extent o c 
vacant lands within the United States, and of the incor 
venient size of some of the states then existing. The ter- 
ritory north-west of the Ohio river had been ceded to the 
general government by the states claiming the same ; and 
a territorial government had already been established 
therein by the celebrated ordinance of 178*1. From this 
territory have since been formed and admitted, the states 
of Ohio, Indiana, Illinois, Michigan and Wisconsin. 

§ 8. South of the Ohio river also was a large tract, prin- 
cipally unsettled, within the chartered limits of Virginia, 
North Carolina and Georgia, extending west to the Missis* 



§ 6. How are fugitives from slavery apprehended and returned? Is the law 
requiring the capture and return of fugitive slaves, in y:-ur opinion, morallj 
binding? § 7. What induced the provision for admitting new states? What 
Ktates have been formed from the north-western territory ? 



Chap. XL1V.J GOVERNMENT OP THE U STATES IqJ 

Rippi river, from which, it was presumed, new states would 
be formed. Justice, however, to these states, as well as to 
others in all future time, required the general provision 
above mentioned, that " no state should be divided without 
the consent of its legislature and of congress." 

§ 9. The next clause authorizes congress " to dispose of 
and make all needful rules and regulations respecting the 
territory and other property of the United States." If the 
general government has power to acquire territory, it must 
have the right to exercise authority over it. This express 
grant establishes beyond doubt a power which had been 
questioned under the confederation. In pursuance of the 
power here granted, congress has made rules and regula- 
tions for governing the people of different portions of such 
territory previously to their admission as states into the 
Union. 

§ 10. The next section declares, that " the United States 
shall guaranty to every state in this union a republican 
form of government ; and shall protect each of them against 
invasion, and on the application of the legislature, or of 
the executive (when the legislature cannot be convened,) 
against domestic violence." Art. 4, sec. 4. The propriety 
of a power to prevent a state from changing its govern- 
ment to any other than a republican form, is evident. It 
is equally proper that a state, when invaded by a foreign 
enemy, or in case of an insurrection within its own borders, 
should have protection and aid from the general govern- 
ment ; especially as the states have surrendered to it the 
right to keep troops or ships of war in time of peace. (Art. 
1, sec. 10.) 

§ 8. What unsettled tract was south of the Ohio 1 Whose consent to the division 
u£ a state does the constitution require ? § 9. In the right to acquire territory, 
what other right is implied 1 Had the old congress this power. } What has con. 
gress done under the power here granted ? § 10. How is a republican form of gov 
eminent secured to the states 1 How are they to be protected against invasion 
and domestic violence 1 What is meant by domestic violence ? 



J 60 GOVERNMENT CLASS BOOK. IChan. XLV 



CHAPTER XLV. 

Provision for Amendments; Assumption of Public Debts; Supremacy of tha 
Constitution, &c. ; Oaths and Tests ; Ratification of the Constitution. 

§ 1. The 5th article provides for amending the constitu- 
tion. It prescribes two different modes for proposing 
amendments, and two modes of ratifying them. Amend- 
ments may be proposed by two-thirds of both houses of 
congress j or, on the application or request of two-thirds of 
the states, congress shall call a convention for proposing 
amendments. Proposed in either of these modes, amend- 
ments, to become valid as parts of the constitution, must be 
ratified by the legislatures of three-fourths of the states, or 
by conventions in three-fourths of them ; the mode of rati- 
fication, whether by the legislatures or by conventions, to be 
proposed by congress. 

§ 2. As the best human government is imperfect, and as 
all the future wants and necessities of a people can not be 
foreseen and provided for, it is obvious that every constitu- 
tion should contain some provision for its amendment. 
But if amendments could be made whenever desired by a 
bare majority of the states, the strength and efficiency of 
the constitution might be greatly impaired by frequent 
alterations. It is therefore wisely provided, that a mere 
proposition to amend cannot be made but by a majority of 
at least two-thirds of congress, or of the legislatures of at 
least of two-thirds of the states ; and that such proposition 
must be ratified by a still larger majority (three -fourths) of 
the states. It was thought better to submit occasionally 
to some temporary inconvenience, than to indulge in fre- 
quent amendments of the constitution. 

§ 3. The 6th article acknowledges the obligation of the 
general government to pay " all debts contracted before 
the adoption of the constitution." As has been observed, 
congress had borrowed money for the payment of which it 

Chap. XLV. §1. How are constitutional amendments proposed? How 
ratified 1 §2. What good is supposed to have resulted from so difficult a mode 
of amendment 1 § 3. For what reasons was the new government made to assume 
the debts of the old ? 



Chap. XL V.] GOVERNMENT OF THE U. STATES. 161 

was unable to provide ; and one object of a change of gov- 
ernment was to make provision for fulfilling the engage- 
ments of the nation. This clause, it is said, was also in- 
tended to allay the fears of public creditors, who apprehend- 
ed that a change in the government would release the 
nation from its obligations. 

§ 4. The next clause declares, " This constitution, and 
the laws made in pursuance thereof, and all treaties made 
under the authority of the United States, shall be the su- 
preme law of the land, and the judges in every state shall 
be bound thereby, any thing in the constitution or laws of 
any state to the contrary notwithstanding.'' If all state 
authorities were not bound by the constitution and laws of 
the United States, nothing would have been gained by the 
union. If the laws and treaties made by the general gov- 
ernment could be disregarded or nullified by any power in 
a state, why was power to make them given to the general 
government ? 

§ 5. The last clause of the 4th article requires certain 
officers, both of the United States and of the several states 
to be " bound by oath or affirmation to support this consti- 
tution." Binding the conscience of public officers by oath 
or solemn affirmation, has ever been considered necessary 
to secure a faithful performance of their duties. They are 
generally required to swear not only to support the consti- 
tution, but also to discharge the duties of their offices to 
the best of their ability. 

§ 6. The same clause declares that " no religious test 
shall ever be required as a qualification to any office or 
public trust under the United States." Test here means an 
oath or a declaration in favor of or against certain religious 
opinions, as a qualification for office. In England, all officers, 
civil and military, were formerly obliged to make a decla- 
ration against transubstantiation, and to assent to the doc- 
trines and conform to the rules of the established church. 
Desirous of securing to every citizen the full enjoyment of 
religious liberty, the introduction of tests was prohibited 
by the constitution. 

$ 4. Why is the constitution of the United States, and the laws and treaties 
made under it, made binding above all state authority 1 § 5. Why are public 
officers bound by oath to support the constitution, and to discharge their duties 
faithfully ? §6. What is a religious test ? What was it in England? Why 
•vas it forbidden by the constitution 1 



1(52 GOVERNMENT CLASS BOOK. f Chip. XL V 

§ 7. The 7 th and last article declares : " The ratification 
of the conventions of nine states shall be sufficient for tho 
establishment of this constitution between the states so 
ratifying the same." The immediate ratification of the 
constitution by all the states was hardly to be expected ; 
a unanimous ratification, therefore, was not required. But 
a union of less than nine states was deemed inexpedient. 
The framers concluded their labors on the L7th of Septem- 
ber, 1*187 ; and in July, 1188, the ratification of New 
Hampshire, the ninth state, was received by congress. 

§ 8. The dates of the ratifications of the several states 
are as follows : Delaware, December 7, 1787 ; Pennsylvania, 
December, 12, 1787 ; New Jersey, December 18, 1787 ; 
Georgia, January 2, 1788 ; Connecticut, January 9, 1788 ; 
Massachusetts, February 6, 1788 ; Maryland, April 28, 
1788 ; South Carolina, May 23, 1788 ; New Hampshire, 
June 21, 1788 ; Virginia, June 26, 1788 ; New York, July 
26, 1788 ; North Carolina, November 21, 1789 ; Rhode Is- 
land, May 29, 1790. The two last named states did not ac- 
cede to the constitution until after proceedings under it had 
commenced. The ratification of North Carolina was re- 
ceived by congress in January, 1790 ; that of Rhode Island 
in June following. 

§ 9. The first Wednesday of January, 1789, was appoint- 
ed by congress for choosing electors of president in the 
several states, and the first Wednesday of February for the 
electors to meet in their respective states to elect the pres- 
ident. Gen. Washington was unanimously elected, and on 
the 30th of April was inaugurated president. Proceedings 
under the constitution, however, had commenced on the 4th 
of March preceding. 

§ 7. What does tho last article declare? Why was not the ratification of all 
the states required ? Why was the ratification of so many as nine required ? 
$ 8. When did this state ratify 1 When did North Carolina and Rhode Island 
come into the union? § 9. When were electors >f president chosen? When 
was the president elected, and when inaugurated ? When did proceedings undei 
the constitution commence ? 






Chap. XL VI.] QOVERNMENT Oi 1 THE U. STATES. J pg 

CHAPTEE XLVI. 

Amendments to the Constitution. 

§ 1 It is remarkable that, during a period of seventy years, 
the constitution has received so few alterations. Although 
twelve articles of amendment, so called, have been adopted, 
only two, (the-llth and 12th,) have in any manner or de- 
gree changed any of its original provisions. Most of them, 
it will be seen, are merely declaratory and restrictive. As 
the principles which they declare were so generally acknowl- 
edged, and as the general government was a government 
of limited powers, having such only as were expressly 
authorized by the constitution, the framers deemed these 
declarations and restrictions unnecessary. But as several 
of the state conventions had, at the time of adopting the 
constitution, expressed a desire that declarations and guar- 
anties of certain rights should be added, in order to pre- 
vent misconstruction and abuse, the first congress, at its 
first session, proposed twelve amendments, ten of which 
were ratified by the requisite number of states. Virginia, 
the last state necessary to make up such number, ratified 
December 15, 1791. 

§ 2. Freedom in matters of religion, freedom of speech 
and of the press, and the right to petition the government 
for the redress of grievances, guarantied in the first article, 
are rights so essential to civil liberty, and so evidently just, 
that it can hardly be presumed that congress would ever 
have passed laws directly violating these rights, even 
though such laws had not been prohibited. 

§ 3. The second article guaranties " the right of people 
to bear arms." Without this right, ambitious men might, 
by the aid of the regular army, overthrow the liberties of 
the people, and usurp the powers of government. 

§ 4. The third article declares, that " no soldier shall, in 

Chap. XLVI. § 1. How many articles of amendment are there 1 What is 
the nature of most of them 1 Why then were they added ? When were the 
first ten proposed and ratified ? §2. What is forbidden by the first amend- 
n-snt? § 3. What right is guarantied by the second amendment 1 Why is 
this right necessary ? 



] 64 GOVERNMENT CLASS BOOK [Chap. XLVI. 

time of peace, be quartered in any house without the con- 
sent of the owner, nor in time of war, but in a manner to 
be prescribed by law." It is a principle of the common 
law, that " a man's house is his own castle." Among the 
grievances enumerated in the Declaration of Independence, 
was one " for quartering large bodies of armed troops" 
among the people of the colonies. To secure the people 
against intrusions of this kind, is the object of this prohi- 
bition. 

§ 5. The fourth article guaranties " the right of the people 
to be secure in their persons, houses, papers, and effects, 
against unreasonable searches and seizures." But there 
could be no such security, if every man could, on mere pre- 
tense or suspicion of injury, obtain a warrant for arresting 
his neighbor or searching his premises and seizing his pro- 
perty. Innocent men would often be subjected to much 
trouble and perplexity ; and unjust suspicions would be 
thrown upon their characters. It is proper, therefore, that 
a magistrate shall not issue a warrant, unless it shall be 
made to appear, by the oath of the applicant or of some 
other person that there is probable cause. 

§ 6. The rights guarantied by the fifth article are com- 
mon law rights, and founded upon just principles. We 
have elsewhere stated the object of grand jurjes, and no- 
ticed the opinion of some, that this object is sufficiently se- 
cured by the examination before the magistrate ; and, con- 
sequently, that grand juries are unnecessary. (See Chap. 
XIX, § 8-10.) But while this article continues to be apart 
of the constitution, grand juries in courts of the United 
States can not be dispensed with. It is quite proper, as is 
provided in this article, that, after a fair and impartial trial 
and an acquittal, a person should not be tried a second time. 
The provisions of the next article (6th) are also necessary 
to secure the same object — the rights of liberty and life to 
every citizen. 

§ 7. The seventh article of amendment secures, in courts 
of the United States, " in suits at common law, where the 

§ 4. What does the third amendment declare ? What probably suggested it 1 
§ 5. What right is guarantied by the fourth article ? What evil is it intended to 
prevent ? § 6. What rights does the fifth article guaranty 1 Can you givo any 
reason why a person fairly tried and acquitted should not be tried again 1 Wha* 
does the sixth article require 1 



Ciap XL VI.] GOVERNMENT OP THE U. S1ATES. l£5 

value in controversy shall exceed twenty dollars, the right 
of trial by jury." By suits at common law are meant those 
tried in the ordinary courts, as distinguished from those 
tried in courts of equity and courts of admiralty. This arti- 
cle further declares, that " no fact tried by a jury shall be 
otherwise reexamined in any court of the United States, 
than according to the rules of the common law." That is, 
if a fact tried by a jury in a lower court, is carried up to a 
higher court for reexamination, such reexamination or new 
trial shall also be by jury. 

§ 8. " Excessive bail shall not he required, nor excessive 
fines imposed, nor unusual punishments inflicted." Amend, 
art. 8. The object of bail and the manner in which it is 
given, have been stated. (Chap. XVIII.) Without the above 
restriction, the sum might be fixed so high as to prevent 
persons accused of crime from procuring the necessary 
sureties ; whereby innocent persons might be subjected to 
long imprisonment before the time of trial. It is therefore 
properly left to the court to fix the sum, which should cor- 
respond to the aggravation of the offense. Courts have 
the same discretion as to the measure of punishment to be 
inflicted in each particular case of crime. 

§ 9. The ninth amendment is, "The enumeration in the 
constitution of certain rights, shall not be construed to 
deny or disparage others retained by the people." There 
-were persons who feared that, because the constitution 
mentioned certain rights as belonging to the people, tho.se 
not mentioned might be considered as having been surren- 
dered to the general government. This article was there- 
fore inserted to prevent such a misconstruction of the con- 
stitution. 

§ 10. The tenth amendment is similar to the preceding. 
" The powers not delegated to the United States by the 
constitution, nor prohibited by it to the states, are reserved 
to the states respectively, or to the people." In other words 
the powers which the constitution has not given to the gen- 
eral government, nor prohibited the states from exercising, 

§ 7. What is secured by the seventh amendment 1 What is meant by suits at 
common law 1 What are courts of admiralty ? How is the latter part of this 
article explained 1 § 8. What does the eighth article forbid ? What evils was 
it designed to prevent ? §9. What is the ninth article 1 What evil was it de- 
signed to prevent 1 \ 10. What does the tenth amendment declare 1 Explain it 



166 GOVERNMENT CLASS EOOK. [Chap. X] , VII. 

the states or the people have reserved to themselves. Sc 
clear is it, that they retain all power which they have not 
in words parted with, that it seems strange to many that 
the insertion of such a provision should ever have been 
thought necessary. 

§ 11. The eleventh amendment was proposed at the first 
session of the third congress, March 5, 1194, and its ratifi- 
cation by the constitutional number of states was announ- 
ced to congress by the president in a message dated Janu- 
ary 8, 1798. This article prohibits a court of the United 
States from trying " any suit in law or equity commenced 
or prosecuted against one of the states by citizens of an- 
other state, or by citizens or subjects of any foreign state." 
This is intended to prevent a state from being sued in an 
original suit, by a private person, the citizen of another 
state. 

§ 12. The twelfth and last amendment effects a change 
in the mode of electing the president and vice-president, 
and has been considered. (Chap. XXXIX, § 4.) This 
amendment was proposed at the first session of the eighth 
congress, December 12, 1803, and was adopted by the re- 
quisite number of states in 1804, according to a public no- 
tice by the secretary of state, dated the 25th of September 
of the same year. 



COMMON AND STATOTOItf LAW. 



CHAPTER XLVII. 

Rights of Persons. Personal Security ; Personal Liberty ; Religious Liberty j 
Liberty of Speech, and of the Press ; Right of Property. 

S 1 . Having taken a general view of the state govern 
meats and the government of the United States, and seer 
how wisely they are adapted to promote the general wel- 

§ 11. When was the eleventh article proposed and ratified 1 What is it? Whai 
was it intended to prevent 1 $ 12. What does the twelfth amendment effect 1 
When wa« it proposed and ratif ed ? 






X.VTL] COMMON AND STATUTORY LAW. IK? 

fare and secure the blessings of liberty ; we proceed to 
give a digest of the laws which more particularly define 
the rights and prescribe the duties of citizens, or by which 
their social and civil intercourse is to be regulated. These 
laws, it will be recollected, we have elsewhere called the 
municipal or civil laws, as distinguished from the political or 
fundamental law of the state. (Chap. Ill, § 6.) 

§ 2. These laws are of two kinds, the written or statute 
law, and the unwritten or common law. Statute laws are 
those which are enacted by the legislature, and recorded 
in writing, and are usually collected and published in books. 
The word statute is from the Latin statuo, to set, fix, or es- 
tablish. 

§ 3. The common law is not a code of written laws enact- 
ed by a legislature, but consists of rules of action which 
have become binding from long usage and established cus- 
tom. It is said to be founded in reason and the principles 
of justice. The common law of England was brought over 
by our ancestors, and established here before the revolu- 
tion. Some of the states, in their constitutions, adopted 
after the revolution, declared it to be the law of their re- 
spective states ; and it has continued to be law in all the 
states, and is still so considered, except such parts as have 
been altered or repealed by constitutional or legislative en- 
actments, or by usage. 

§ 4. The most valuable rights protected by law are the 
rights of personal security and personal liberty. The right of 
personal security is the right to be secure from injury to our 
persons or good names. By personal liberty is meant the 
freedom of our bodies or persons from restraint or confine- 
ment. Provisions guarantying these rights have been in- 
corporated into our national constitution, and the constitu- 
tions of the several states. 

§. 5. The right of personal security is also protected by 
the law, by which a man, on showing reasonable cause of 
danger of personal injury, may require his adversary to be 
bound with sureties to keep the peace. And for violence 

Chap. XL VII. § 1. How are the municipal or civil laws distinguished from 
the fundamental or political law 1 §2. What are statute laws 1 $ 3. What ia 
the common law 1 Is it law in this country ? § 4. What are the rights of per- 
son ? Personal security ? Personal liberty ? How are they guarantied 1 § 5. 
How may a man protect himself when in danger of personal injury? Wlutf 
"emedy for violence committed 1 



jjnj (iUvERJNMtfNT CLASS BoUI [Chap. XLVI1 

committed, tne offender may be prosecuted in behalf of the 
state and punished, and is liable also to the party aggriev- 
ed in a civil suit for damages. 

§ 6. This right is further protected by the law which per- 
mits a man to exercise the natural right of self-defense. In 
defending his person in case of a felonious assault, he may 
lawfally take the life of his assailant. This is by law pro- 
nounced justifiable homicide, and is allowed also in defense 
of one's property again? !; felonious and violent injury. But 
homicide (man-killing) is not justifiable incase of a private 
injury, nor upon the pretense of necessity when the party 
is not free from fault in bringing that necessity upon him- 
self. 

§ 7. The right to be secure in our good names, which is 
included in the right of personal security, is protected by 
the law against slander and libel. A slander is a false and 
malicious report or statement tending to injure another in 
his reputation or business, and which, if true, would render 
him unworthy of confidence or employment ; or it is the 
maliciously charging of another with anything by which he 
sustains special injury. The slander of a person by words 
spoken, is a civil injury, that is, an injury for which redress 
is to be obtained in a civil suit for damages. 

$ 8. A slander written or printed, is called libel. A libel 
is a malicious publication in print or writing, signs or pic- 
tures, tending to expose a person to public hatred, con- 
tempt, or ridicule. And it is considered in law a publica- 
tion of such defamatory writing, though communicated to 
a single person. A slander written or printed is lkely to 
have a wider circulation, to make a deeper impression, and 
to become more injurious. A person may therefore be 
liable in damages for words in print or writing, for which 
he would not be liable if merely spoken. In case of libel, 
a person is not only liable to a private suit for damages, 
but may be indicted and tried as for other public offenses. 

§ 9. It is a principle of English common law, that in a 
criminal action for libel it is immaterial whether the matter 
of it is true or false ; and a person prosecuted for libel is 

4 6. How far may a man go in defending himself or his property ? What is 
guch killing called 1 § 7. How are we protected in our good narnss ? What is 
slander 7 § 8. What is libel 1 Which is considered the greater injury ] For 
which is a person liable in both a civil and criminal suit? 



Oaa... XLVII.J COMMON AND STATUTORY LAW. 169 

not allowed, in justification, to prove to the jury the truth 
of his statement, since the provocation, not the falsity, is to 
be punished. And, whether true or false, the libelous publi- 
cation is equally dangerous to the public peace, and is 
presumed to have been made with malicious intent. 

§ 10. It is held— and perhaps it is the prevailing opinion 
— that in a civil action for damages, a libel must be false 
as well as scandalous, and, consequently, that the truth 
may be pleaded in justification. This point, however, is 
not fully settled. The reason for this distinction between 
cases of public and private prosecution, it is not easy to 
perceive. If it is just to inquire into the good or bad in- 
tentions of the publisher in one case, it would seem to be 
equally so in the other. 

§ 11. But the common law has been materially modified 
and relaxed in this country. In most of the states it is 
provided by their constitutions or by law, that the truth 
may be given in evidence, and if it shall appear to the jury 
" that the matter charged as libelous is true, and was pub- 
lished with good motives and for justifiable ends, the party 
shall be acquitted." As it may sometimes be proper to 
speak or publish an unfavorable truth concerning others, 
the principle of the above provision would seem to be 
founded in justice. In the state of Vermont, and perhaps 
in a few other states, if the party prosecuted proves the 
truth of his statement in any case, he is acquitted. 

§ 12. The right of personal liberty is secured by express 
provision of the national constitution, which guaranties to 
every citizen " the privilege of the writ of habeas corpus." 
(Cons. U. S. art. 1, sec. 9.) The nature of this writ has 
been explained. (Chap. XXXVI, § 4.) The same provision 
has been inserted in the state constitutions. This was a 
common law privilege, independently of any constitutional 
enactment. The principal object of the provision seems to 
be to take from congress and the state legislatures the 
power to abolish this privilege, or even to suspend it for 
any time, or in any case, except the particular cases men- 
tioned. 

§ 9. What is the rule of the common law in the ease of a criminal action for 
libel 1 What is the reason for this principle 1 § 10. What distinction do some 
make between cases of public and private prosecution for libel 1 § 11. Does tho 
common law still prevail in this country 1 How has it been modified ? § 12. How 
»'a personal liberty secured ? What is the nature of the writ of liabeas corpus ? 

8 



170 GOVERNMENT CLASS BOOK. [Chap. XL VII. 

§ 13. Freedom of religious opinion and worship, or liberty 
of conscience, is a valuable personal right, included in the 
term, personal liberty, and is effectually secured in this 
country. In England, the country of our ancestors, there is 
a church established and supported by the government 
This is sometimes called " union of church and state." The 
American people, from their love of religious freedom, have, 
in their constitutions, expressly prohibited congress from 
making laws " respecting the establishment of religion, 01 
prohibiting the free exercise thereof." (Amend, art. 1. 
And the state constitutions have adopted similar provisions. 

§ 14. Another important personal right comprehended in 
the term personal liberty, and guarantied in the same 
article of the national constitution, and in the state consti- 
tutions, is the liberty of speech and of the press. Some of 
the monarchical governments of Europe prohibited the 
people from speaking against the sovereign or his govern- 
ment. Books and papers could not be published until they 
had been examined and approved. The persons authorized 
to examine the manuscripts, were called censors. Hence 
the expression sometimes heard, " censorship of the press." 
To secure the liberty of speaking and publishing their sen- 
timents freely upon all subjects, the people of this country 
have made express provision in their constitutions ; which, 
however, while they properly guaranty this right, leave 
men "responsible for its abuse," and liable to prosecution 
for slander or libel. ($ 7, 8.) 

§ 15. The right of property is the right to acquire pro- 
perty, and to be free in the use and enjoyment of it. To 
protect men in the enjoyment of this right, is one of the 
principal objects of constitutions and laws. The rights of 
property will constitute the subject matter of several sub- 
sequent chapters of this digest of " common and statutory 
law." (Chap. L, and onward.) 

§ 13. What is liberty of conscience 1 How is it secured ? § 14. Ts this right 
secured to the name extent in England 1 $ 15. What is meant by the right of 
property 1 By what is it protected I 



Chap. XL VIII. J COMMON AND STATUTORY LAW. m 

CHAPTER XLVIII. 

Domestic Relations. Husband and Wife. 

§ I. T} render a marriage contract lawful, the parties 
must be of sufficient age, called the age of consent ; which 
by the common law of the land, is fourteen years in males 
and twelve in females. In some states the age of consent 
has been altered by statute. In Ohio, Indiana, and Michigan, 
it has been raised to eighteen years in males, and fourteen 
in females ; in Illinois to seventeen and fourteen ; in Wis 
con sin, to eighteen and fifteen. 

§ 2. The parties must also have sufficient understanding 
to transact the ordinary business of life. Idiots and 
lunatics cannot legally contract marriage. Persons must 
also act freely. If the consent of either party has been ob- 
tained by force or fraud, the marriage may be declared void. 
The parties must not be nearly related. The degrees of 
relationship at which they are forbidden to marry are in 
some states fixed by law ; but the laws of these states on 
'he subject are not uniform. Some states have forbidden 
marriages which come within what is called the Levitical 
degrees ; but these degrees have received different inter- 
pretations. According to the interpretation of some, the 
relation of uncle and niece and aunt and nephew, come 
within this rule. 

§ 3. No person can lawfully remarry who has a wife or 
husband living. Such second marriage is, by the common 
law, null and void. In some of the states, perhaps in most 
of them, it is declared polygamy, and a state prison offense, 
except in certain cases ; as when the husband or wife of 
the party who remarries has been long absent, and the 
party re-marrying does not know the other to have been 
living within the time ; or when the former husband or 
wife of the party remarrying has been sentenced to im- 
prisonment for life ; or when the former marriage has been 

Chap. XLVIII. § 1. What is meant by the age of consent 1 At what periods 
ct life is it fixed ? At what in this state 1 §2. What three requisites to a law- 
ful marriage are next mentioned ? § 3. May a person remarry who has a wife 
or husband living 1 What is the crime called 1 What cases are excepted 1 



172 GO YEKNMENT CLASS BOOK. [Chap. XL VIII 

lawfully annulled or dissolved. If, however, a marriage 
lias been annulled or dissolved for the cause of adultery, 
the criminal party is, in some states at least, not allowed 
to remarry. 

§ 4. In some of the cases excepted in the preceding sec- 
tion, the second marriage is merely excusable. Although 
the party to such marriage is exempt from the penalty, yet 
if the former wife or husband is living, though the fact is 
unknown, and no divorce has been duly announced, or the 
first marriage has not been duly annulled ; the second 
marriage is void. Where there is no statute regulation, 
the common law governs, which is, that nothing but death, 
or a decree of a competent court, can dissolve the marriage 
tie. 

§ 5. The manner in which marriages are to be solemnized, 
and by whom, and the manner in which marriage licenses 
are to be obtained, or notices of marriage published, (which 
are required in some states,) are prescribed by the laws of 
the states in which such regulations exist. Marriages may 
usually be solemnized by ministers of the gospel, judges, 
justices of the peace, and certain other officers. But by 
the common law, a marriage is rendered valid by a simple 
consent of the parties declared before witnesses, or sub- 
sequently acknowledged ; or such consent may be inferred 
from continual cohabitation and reputation as husband and 
wife. 

§ 6. In law, the husband and wife are regarded as one 
person. By the common law, the husband, by marriage, 
acquires a right to the property of the wife which she had 
before marriage, and which she may acquire after marriage. 
To Ler personal property, including debts due her by bond, 
note, or otherwise, he has an absolute right, and may use 
and dispose of the same as he pleases. Her chattels real, 
however, which are leases of land for years, though per- 
sonal property, he can not dispose of by will ; and if he 
makes no disposition of them during his life time, and she 
outlives him, she takes them in her own right. If he sur- 
vives his wife, he acquires an absolute right tc them. 

§ 4. Are the marriages in these excepted cases binding? What is the common 
law on the subject ? § 5. How, and by whom are marriages solemnized? What 
regulations exist in some states ?• Is a license or a notice required in this state? 
$ 6. By common law, what right to the personal p operty does the husband :v\ 
ciuire by marriage ? 



Chap. XLVIIL] COMMON AND STATUTORY LAW H3 

§ T. But to the real estate of the wife, the husband does 
not acquire an absolute right. He has only a right to the 
use, rents, and profits thereof during his life, if he shall die 
before his wife ; and in that event she takes the estate 
again in her own right. If the wife dies first, and there 
are no children, her heirs immediately take the estate. If 
there are children living, the husband holds the estate for 
life, and on his death it goes to the wife or her heirs. 

§ 8. But this rule of the common law which gives to the 
husband the possession and disposal of the property of the 
wife, has been repealed by special enactments in most of 
the states. By these state laws, the real and personal 
property of the wife owned by her before marriage, or con- 
veyed to her by any other person than her husband after 
marriage, with the rents and profits of such property, is de- 
clared to be her own, and at her disposal, and not liable 
for the debts of her husband, except in a few cases specified 
in the law of each state. In some of these states, although 
the property of the wife is not liable for the husband's 
debts, he has the control and management, and the rents 
and profits of it. 

§ 9. As the husband, by common law, acquires, by mar- 
riage, an interest in the property of his wife, he becomes 
liable for her debts contracted before marriage ; but if they 
are not recovered of him during coverture, he is discharged. 
Coverture, in law, is the state of a married woman, con- 
sidered as under cover, or under the power of her husband. 
Some of the states which have abolished the common law 
rig-lit of the husband to the property of the wife acquired 
before marriage, have also abolished the common law obli- 
gation of the husband to pay the debts of the wife con- 
tracted before marriage ; her property alone being liable 
for such debts. 

§ 10. The husband is bound to maintain his wife, and is 
liable for debts which she may contract for necessaries, 
but for nothing more. If he refuses to provide for her wants, 

§ 7. Does he acquire an absolute right also to her real estate ? How is his 
right limited ? § 8. How has this common law rule been changed ? Can you tell 
what the law is in this state ? § 9. By common law. what liability does a hus- 
band incur by marriage 1 What is coverture ? Is this now the law in all the 
Btates 1 Is it in this state 7 $ 10. How far is a husband bound for the main- 
tenance of hi? wife 1 



174 GOVERNMENT CLASS BOOK. [Chap. XtlX 

or if, through other ill treatment or fault on his part, they 
become separate, he is liable to fulfill her contracts for ne- 
cessaries, even though he has forbidden persons to trust 
her. If they part by consent, and he secures to her a sepa- 
rate maintenance, and pays it according to agreement, he 
is not liable, even for necessaries. 

§ 11. The husband and wife can not be witnesses for or 
against each other ; but any declarations made by a wife 
when acting as agent for her husband, may be admitted in 
evidence against him. In a few states, laws have been 
proposed, and, it is believed, in some they have been 
passed, removing, to some extent, this restriction upon the 
right of a husband or wife to the testimony of the other 



CHAPTER XLIX. 



Domestic Relations, continued. Parent and Child; Guardian and Ward ; 
Minors ; Masters, Apprentices, and Servants. 

§ 1. Parents, as the natural guardians of their children, 
are obliged to provide for their support and education dur- 
ing their minority, or while they are under twenty- one 
years of age. At twenty-one they attain the age of majori- 
ty, when they are said to be of age. Under this age they 
are, in law, infants, or minors. The father, if he is able, is 
bound to support his minor children, even if they have 
property of their own ; but in such case the mother is not 
so bound. But a husband is not obliged to maintain the 
child of his wife by a former husband. If, however, he 
takes the child into his family, he is responsible for its 
maintenance and education while it lives with him. 

§ 2. A father may be liable for necessaries sold to a 
child. But to be so liable, it must be proved that the con- 
tract for the articles was made by his actual authority, or 
the circumstances must be sufficient to imply authority ; or 
that neglect to provide for the child, or some other fault 

{ 11. May they be witnesses for each other? Chap XLIX. § 1. What 
are the obligations of parents ? What is the age of majority ? In law, who 
are infants, or minors 1 



;hap. XLIX.] COMMON AND STATUTORY LAW J 75 

on the part of the father, rendered assistance to the child 
necessary. Being bound to provide for his children, the 
father has a right to their labor or service ; and he may re- 
cover their wages from any person employing them without 
his consent. 

§ 3. In general, a minor cannot bind himself by contract. 
If he lives with his father or guardian, by whom he is 
properly supplied, he can not bind himself even for neces- 
saries. But if, on contracting a debt, he agrees to pay it 
after he shall have become of age, he will then become li- 
able. If a minor has no father or other guardian, his con- 
tracts for necessaries are binding upon him. 

§ 4. If a minor takes an estate and agrees to pay rent, 
he will be liable for its payment after he shall have become 
of age. If he receives rents, he can not demand them 
again when of age. If he pays money on a contract, and 
enjoys the benefit of the contract and then avoids it when he 
comes of age, he can not recover back the consideration 
paid. And if he avoids an executed contract when he 
comes of age, on the grounds of infancy, he must restore 
the consideration. 

§ 5. Minors are answerable for crimes, and may be in- 
dicted and tried, and, on conviction, be fined and imprison- 
ed. They are responsible also for acts of fraud. Their 
age and the peculiar circumstances in which they were 
placed, might be such as to exempt them from liability ; 
but in cases of gross and palpable fraud committed by mi- 
nors who have arrived at the age of discretion, they would 
be bound by a contract. 

§ 6. In general, male infants and unmarried females un- 
der eighteen years, may, of their own free will, bind them- 
selves, in writing, to serve as apprentices and servants, in 
any trade or employment ; males until the age of twenty- 
one, and females until the age of eighteen years, or for a 
shorter time. But the minor must have the consent of the 
father ; or if the father is dead, or disqualified by law, or 

§ 2. How far, or in what cases, is a father liable for the contracts of a child '? 
§ 3. Can a minor bind himself by contract ? In what cases is he bound ? $ 4. 
How in cases of rent 1 How in cases of contracts which he avoids when he 
comes of age 1 $5. Are minors answerable for crimes ? . How incases of fraud ? 
§ 6. What right have they to bind themselves as apprentices and servants ? I\y 
whose consent ? 



176 GOVERNMENT CLASS BOOK. [Chap.XLLX. 

neglects to provide for his family, consent must be had of 
the mother ; or, if the mother is dead or disqualified, then 
ef the guardian. 

§ %. Pauper children may be bound out by the officers 
having charge of the poor. And the laws of many of the 
states, perhaps of most or all of them, very properly re 
quire, that a person, to whom a poor child is bound, shall 
agree to cause such child to be taught to read and write, 
and, if a male, to be also instructed in the general rules of 
arithmetic. 

§ 8. Masters have a right to correct their apprentices 
with moderation for negligence and misbehavior ; and they 
may recover damage at law of their apprentices for 
willful absence. On the other hand, a master may be 
prosecuted for ill usage to his apprentice, and for a 
breach of his covenant. A master is liable to pay for ne- 
cessaries for his apprentice, and for medical attendance , 
but he is not so liable in the case of a hired servant. 

§ 9. When an apprentice becomes immoral and disobedi- 
ent, an investigation of the matter may be had by the 
proper authorities ; and for good cause the indenture may 
be annulled, and the parties discharged from their obliga- 
tions. Upon the death of a master, an apprenticeship is 
dissolved. 

§ 10. There is, it is believed, no statute law in any state, 
particularly defining the rights and obligations of hired .tr.r- 
vants and the persons employing them. Both are obliged 
to fulfill their agreement. If a hired servant leaves the 
service of his employer, without good cause, before he has 
worked out the time for which he was hired, he cannot re 
cover his wages. And for immoral conduct, willful disobe 
dience, or habitual neglect, he may be dismissed. On the 
other hand, ill usage, or any failure on the part of the em- 
ployer to fulfill his engagement, releases the laborer from 
his service. 

§ 11. How far a master is answerable for the acts of his 
hired servant, is not clear. As a general rule, the master 

$ 7. Who may bind pauper children ? What provision is made for their edu- 
cation 1 § 8. What are the rights of the master and apprentice respectively 1 
$ 9. When may -apprenticeships be dissolved 1 § 10. How may a hired servant 
forfeit his wages ? For what may he be dismissed 7 For what cause releasee* 
from his service ? 



Chap. L.J COMMON AND STATUTORY LAW. 177 

is bound for contracts made, and liable for injuries done, by 
a servant actually engaged in the business of his master, 
whether the injury proceeds from negligence or from want 
of skill. But for an injury done by a willful act of the 
servant, it is considered that the master is not liable. If 
the servant employs another to do his business, the master 
is liable for the injury done by the person so employed. 
But a servant is accountable to his master for a breach of 
trust, or for 'negligence in business, or for injuring another 
person in his master's business. 



CHAPTER L 



Right of Property. How Title to property is acquired ; Wills and Testaments 

Title to Property by Descent. 

§ 1. Every citizen of the United States is capable of holding 
lands, or real estate, and of taking them by devise, descent, 
or purchase, and of selling and conveying away such estate. 
Aliens, by common law, have not this power. In many of 
the states, however, this disability has been removed by 
statute. On declaring their intention to become citizens, 
and complying with certain regulations, aliens acquire the 
right to take and hold real estate to themselves and their 
heirs. But they may hold and dispose of personal property 
without any special enactment. 

§ 2. To devise property is to give or bequeath it by will. 
A will is a written instrument in which a person declares 
his will concerning the disposal of his property after his 
death. It is also called testament. This word is from the 
1 jatin testis, meaning witness. Hence the word has come 
to be applied to this instrument, which is the witness or 
proof of a person's will. A person making a will is called 
tfslator ; one who dies without making a will or testament, 
is called intestate. 

$ 11. What are the mutual liabilities of master an d servant 1 Chap. L. § 1. 
By whom, and in what ways, m^y real estate be tnker., held, and conveyed 'l 
Have aliens this right ? § 2. What is it to demise property 1 What is a will, 
or testament 1 Define testator, :md intestate. 

8* 



178 GOVERNMENT CLASS BOOK [Chap. L 

§ 3. All persons of full age and sound mind, except mar 
ried women, may give and bequeath real and personal 
estate by a last will and testament. In many of the states, 
personal estate may be willed at an earlier age. In a few- 
states, females at eighteen m.iy make a will of real and 
personal estate. In a few states, personal estate may be 
willed verbally, if the will is within a specified time re- 
duced to writing, and subscribed by disinterested wit- 
nesses. In Ohio such will must be written within ten days 
after the speaking of the testamentary words. A will Oi 
this kind is called a nuncupative will. 

* § 4. In most of the states, laws have been enacted, allow- 
ing married women to hold, in their own exclusive right, 
all the property, real and personal, which they owned at 
the time of marriage, and which they may acquire after 
marriage. (Chap. XLVIII, § 8.) With the right of pos- 
session is also given, it is presumed, the power of disposing 
of the property by will. 

§ 5. A will devising real estate must be subscribed by 
at least two, in some slates three, attending witnesses, in 
whose presence the testator must subscribe the will, or 
acknowledge that he subscribed it, and declare it to be his 
last will and testament. If the testator is unable to sign 
his will, another person may write the testator's name by 
his direction ; but he should sign his own name as witness 
to the will. 

§ 6. A testator may revoke or alter his will by a latei 
will or writing, executed in the same manner. But the 
.second will, to revoke the former, must contain words ex- 
pressly revoking it, or directing a different disposal of the 
property. A will may also be revoked by a sale of the 
property. And any alteration of the estate or interest of 
the testator in lands devised, is held to be an implied revo- 
cation of the will. Lands purchased after a will has been 
made, are not conveyed by it. As a general rule, a will 
is also revoked by the subsequent marriage of the testator 
and birth of a child, unless the wife and child have been 
otherwise provided for. The will of an unmarried woman 
is revoked by her marriage. 

§ 3. Who may bequeath property 1 What special rights to bequeath property 
are given in some states ? What is a nuncupative will ? §4. How has the right 
of married women to bequeath property been extended 1 § 5. How is a will 
executed " § 6. In what different way/ may a will be revokod? 



Cbap.L.] COMMON AND STATUTORY LAW. If 9 

§ 7. By the statutes of some states, a child born after 
the death of the testator, or born in his lifetime and after 
the making of the will, inherits a share of the estate, as if 
the father had died intestate. In some other states, the 
statute goes further, and gives the same relief to all the 
children who are not provided for in the will, and who have 
not had their portion in the parent's lifetime. 

§ 8. A codicil is an addition or a supplement to a will, 
and must be executed with the same solemnity. It is no 
revocation of a will, except in the precise degree in which 
it is inconsistent with it. 

§ 9. After the death of a testator, the will is brought be- 
fore the court of probate to be proved. (Chap. XX, § 5.) 
When a will has been duly proved and allowed, the court 
issues letters testamentary to the executor. An executor 
is a person named in the will of a testator to carry the will 
into effect. Letters testamentary give him the power to act in 
settling the estate of the deceased. If he refuses to act, or 
is not lawfully qualified, the court appoints a person, who, 
in that case, is called administrator ; and the court issues 
letters of administration with the will annexed. Letters of 
administration are also issued in case of a person dying 
intestate. They give to the administrator the requisite 
authority to settle the estate. 

§ 10. Taking property by descent, is the receiving of it 
from an ancestor or other relative dying intestate. If a 
, person dies without making a will, his property falls, or 
descends to his lawful heirs. The order or rule of descent is 
not uniform in this country, being determined, to a great 
extent, by the laws of the states. In general, however, 
the real estate of an intestate descends, first to his lineal 
descendants, that is, persons descending in a direct line, 
as from parents to children, and from children to grand- 
children. The lineal descendants most nearly related to 
the intestate, however distant the relation may be, takes 
the estate. 

§ 11. If any children of an intestate are dead, and any 

§ 7. What is the effect of the subsequent birth of a child ? What else have 
some states provided'? § 8. What is a codicil 1 Its effect 1 §9. How is a will 
proved ? What are letters testamentary, and letters of administration ? § 10 
What is meant by the descent of property 1 Is the rule of descent uniform ir 
the states ? To whom. °;ene rally, does it descend first ? 



1£0 GOVERNMB X CLASS BOOK. |Chap. L. 

are living, the inheritance descends to the children living, 
arid to the descendants of the children dead, so that each 
child living 1 shall receive such share as he would receive 
if all were living, and the children of those who are dead 
such share as the parents would receive if living Thus, 
suppose an intestate had three sons, one of whom is dead, 
but has left children. In this case, each of the sons living 
would share one-third of the property, and the children of 
the deceased son the remaining third. 

§ 12. But if the children are all dead, and there are 
grand-children living, the grand-children share equally, 
though not an equal number are children of each parent. 
If, for example, an intestate dies leaving no children, but 
having had two sons, one of whom had left three children, 
and the other two, the five share equally in the estate. 
The laws of Rhode Island, New Jersey, North Carolina, 
South Carolina, Tennessee, Louisiana, and Alabama, unless 
recently altered, are exceptions to this rule. In these 
states, and perhaps in a few others, though the children of 
the intestate are all dead, the grand-children do not share 
equally, but those of each stock, or family, take the portion 
which their parent would have taken if living. 

§ 13. The order of descent is so different in the states, es- 
pecially when there are no lineal descendants of an intes- 
tate, that it can be ascertained only by reference to the laws 
of each state. As a general rule, real estate passes, (1.) 
to the lineal descendants ; (2.) to the father ; (3.) to the 
mother ; (4.) to the collateral or side relatives, as brothers, 
sisters, nephews, nieces, &c. But even to this general rule 
there are exceptions in the laws of some states. 

§ 14. The rule of descent given in the preceding sections, 
it will be seen, relates to real, and not to personal estate 
The rule in regard to real estate, and that relating to per- 
sonal estate, are generally somewhat different in the same 
state. 

{ 11. If any children of the intestate are dead, how doe3 it descend 1 Givo 
an example. § 12. If all the children are dead, how do the ejr.ind-childreti 
share? Is this state an exception to the rule? § 13. Do real anrt phonal e& 
tatc generally coine under the same rule ? 



Chap. LI.j COMMON AND STATUTORY LAW. 131 

CHAPTER LI 

Deeds and Mortgages. 

§ 1. In whatever manner a person acquires possession of 
real estate, whether by devise, descent, purchase, or gift, 
evidence of possession consists, usually, in a deed, which is 
a written instrument conveying real estate to an heir, a 
purchaser, or a donee. A deed of land sold, contains the 
names of the seller and the purchaser, the consideration, 
or sum paid for it, and a description of it ; and in express 
words grants and conveys all the interest of the seller or 
grantor to the purchaser and his heirs forever : and the 
seller affixes his name and seal to the instrument, usually 
in the presence of one or more subscribing witnesses. 

§ 2. But a deed thus executed does not give to the pur- 
chaser sure possession of the land, until it has been duly 
recorded in the office of the proper recording officer of the 
county in which the land lies ; or in the office of the town 
clerk, in those states in which conveyances are required to 
be there recorded. If the land should be conveyed by the 
seller to a subsequent purchaser who should get his deed 
first on record, such purchaser would hold the land, unless, 
before purchasing, he had had notice of a sale and deed to 
a prior purchaser. 

§ 3. In some states, a reasonable time is allowed a pur- 
chaser to get his deed recorded before he loses his right of 
possession by the earlier recording of another's deed. In 
some other states, the time is fixed by law, and varies in 
these different states from fifteen days to two years. But 
a deed, though not recorded in season to secure the title 
against a second purchaser, or though not recorded at all, 
is good against the sellor or grantor ; and the dispossessed 
purchaser has a lawful claim against him for the value of 
the land. 

Chap. LI. § 1. What is the benefit of a deed of real estate ? What is ex- 
pressed in a deed 1 How is it executed ? § 2. What is necessary to secure pos- 
session to the purchaser ? Where are conveyances recorded in this state ? §3 
How long, in some states, are first purchasers secure before recording ? What 
is the law in this state 1 What claim does a purchaser thus dispossessed still 
retain 1 Cm you toll why conveyances are required to be recorded at all ? 



]82 GOVERNMENT CLASS BOOK. [Cbap. Ll 

§ 4. A recorder or register may not record a conveyance 
of land without proof that it was executed by the person 
named in it as the maker or grantor. This proof consists, 
usually, in a certificate of a proper officer, on the back or. 
margin of the deed, stating that the person so named appear- 
ed before him, and, being duly sworn, acknowledged that he 
was the person who had executed the deed. In every state, 
judges of courts and justices of the peace, mayors of 
cities and aldermen, notaries public, or some of these offi- 
cers, and commissioners of deeds appointed for that special 
purpose may take acknowledgments. In New York and a 
few other states, the acknowledgment may be dispensed with, 
and the execution of the deed may be proved by the sub- 
scribing witnesses. Deeds duly acknowledged, are, with 
the acknowledgments, copied by the recorder, word for 
word, in books provided for that purpose. 

§ 5. As a person can not give a good title unless he has 
one himself, the seller or grantor covenants and agrees that 
lie is seized of the premises in fee-simple, (meaning that he is 
the absolute owner,) and that he will warrant and defend the 
premises in the quiet and peaceable possession of the pur- 
chaser and his heirs forever. Hence such deed is called a 
warranty deed. [For definition of fee and fee-simple, see 
Chap. LIII, § 1.] A quit-claim deed merely conveys the in- 
terest or claim of the grantor. It contains no warranty of 
title against any other claimant. 

§ 6. A mortgage is a grant of land as security for the pay- 
ment of money, on condition that, if the money shall be 
paid according to contract, the grant shall be void. When 
only a part of the purchase money is paid on receiving a 
deed, the purchaser usually executes a mortgage to the 
seller, pledging the land as security for the remainder of 
the purchase money. And if the money shall not be paid 
as agreed, the land may be sold ; but if sold for more than 
the amount due, the overplus is to be paid to the mort- 
gager. 

§ 7 To effect a full conveyance of real estate, a wife 



§ 4. How are deeds proved ? Before whom are th^ acknowledged ? How 
stre they recorded ? §5. What is meant by fee-simple ? What does the grant- 
or in a warranty deed bind himself to do ? In what does such deed differ front 
a quit-claim deed 1 §6. What is a mortgage 1 ilow is the balance of <he pur- 
shose money usually secured ? How is the money raised ? 



Chap. LIL] COMMON AND STATUTORf LAW. 185 

must join with her husband by signing the deed with him ; 
or, in case of the husband's death in her lifetime, she would 
be entitled, for life, to the use of one-third of the estate. 
This interest of a widow in the estate of a deceased hus 
band, is called dower. It is necessary also for the wife to 
acknowledge, before the officer taking the acknowledgment, 
and apart from her husband, that she signed the deed free- 
ly, and without compulsion of her husband. In some states, 
the acknowledgment of the wife out of the presence of her 
husband is not required. 



CHAPTER LII 

incorporeal Hereditaments. Right of Way ; Aquatic Rights, Ac. 

§ 1. The term incorporeal hereditaments may, to some read- 
ers, need explanation. A hereditament is a thing capable of 
being inherited. Land, and all things attached to it by 
the course of nature or the hands of men, as trees, herbage, 
water, buildings, &c, which are comprehended in the term 
real estate, are corporeal hereditaments. Incorporeal here- 
ditaments are inheritable rights which grow out of corpo- 
real inheritances, or which consist in their enjoyment ; as 
the right of pasturing a common ; a right of passage over 
the land of another ; a right to the use of waters, some- 
times called aquatic rights, &c. 

§ 2. A right of way is a right of private passage over 
another man's ground. This right is sometimes granted 
by the owner of the soil ; and to make it a freehold right, 
''.j- must be created by deed, though it be only an easement 
upon the land of another, and not an interest in the land it- 
self. An easement is, in general, an accommodation. In 
law, it is any privilege or convenience which one has of 

§ 7. Why does a wife join with her husband in a conveyance ? What is the 
interest thus retained by a widow called ? In what else must a wife join ? Does 
n wife acknowledge apart from her husband in this state ? Chap. LII. § 1. De- 
fine corporeal and incorporeal hereditaments. What are aquatic rights 7 § 2 
What is a right of way ? How is this right obtained ? What is an easement 1 



284 GOVERNMENT CLASS BOOK [Chap. LIL 

another, by grant or otherwise, as a right of way, &c. By 
the grant of an easement, the grantee acquires no other 
right than what is necessary to the %ir enjoyment of the 
privilege. 

§ 3. If it is a mere personal right, it can be enjoyed only 
by the owner of the right, and when he dies, the right dies 
with him. But a right of way belonging to an estate may 
be conveyed when the land is sold. Thus, if a man owns 
lot A and lot B, and he used a way from lot A, over lot B, 
to a mill, or to a river ; and if he sells lot A with all ways 
and easements, the grantee will have the same privilege of 
passing over lot B as the grantor- had. 

§ 4. A right of way may arise from necessity. If a man 
sells a part of his land, and there is no other way to the 
remaining part, he is entitled to a right of way to it over 
the land sold. And if a man sells land wholly surrounded 
by his own land, the purchaser is entitled to a right of way 
to it over the other's ground, even though no such right is 
reserved. The right of way passes to the purchaser, aa 
necessarily incident to the grant, or included in it. 

§ 5. A man having license to conduct lead pipes through 
the land of another, may enter on the land, and dig therein, 
to mend the pipes. The general rule is, that when the use 
of a thing is granted, every thing is granted which is 
necessary to the enjoyment of its use. 

§ 6. A person has a temporary right of way over land 
adjoining a public highway, if the highway is out of repair, 
or is obstructed by snow, a flood, or otherwise. But the 
right of going upon adjoining lands does not apply to 
private ways. A person having a right to a private way 
over another's land, has no right to go upon adjoining land, 
even though the private way is impassable. 

§ 7. A right of way sometimes arises by prescription; 
which is the right or title to a thing derived from long use 
and enjoyment. Such is the right which, by common law, 
a man acquires to land which has been peaceably held by 
himself, or by himself and preceding owners, for twenty 
years. Although the first occupancy was obtained with- 

4 3. In wbat case does a right of way pass with the land 1 Give an example. 
§ 4 In what cases does this right arise from necessity 1 §5. When the use of 
a thing is granted, what is generally granted with it 1 §6. How is a tempo- 
rary right of way acquired ? Does the obstruction of a private way give the 
3arne right 1 



Ohap. LII.J COMMON AND STATUTORY LAW. 185 

out grant, the long free use of the land is, in law, eqiiiva 
lent to a grant, and implies a valid title. In some states, 
shorter periods have been fixed by statute in which a 
right by prescription may be obtained. In Pennsylva- 
nia, and Ohio, the period is fixed at twenty-one years. 

§ 8. The owners of land adjoining highways, havo a 
right to the soil to the centre of the road : the public have 
only a right of passage while the road is continued. The 
owners of the soil may maintain a suit against any person 
who encroaches upon the road, or digs up the soil, or cuts 
down trees growing on the side of the road. They may 
carry water in pipes under it, and have every use of it 
that does not interfere with the rights of the public. 

§ 9. Every proprietor of lands adjoining a stream, has 
naturally an equal right to the use of the water that flows 
in the stream adjacent to his lands, " as it was wont 
to run." Each may use the water while it runs upon 
his own land ; but he can not unreasonably detain it, 
or give it another direction ; and he must return it 
to its ordinary channel when it leaves his estate. He can 
not, by dams or any obstruction, cause the water injurious- 
ly to overflow the grounds of the neighbor above him, nor 
so use or apply it as materially to injure his neighbor be- 
low him. 

§ 10. But this right to the use of waters, as an easement 
to the land, may be acquired and lost, or enlarged and 
abridged, by prescription. A man may diminish the quan- 
tity of the water, or corrupt its quality, by the exercise of 
certain trades ; and by such use of the water for a suffi- 
cient length of time, he is in law presumed to have acquired 
it by grant : and this presumption is the foundation of his 
right by prescription. The time of such use and enjoy- 
ment of water necessary to establish such right is twenty 
years, except in states in which a different period is fixed 
by statute. (§ 7.) 

§ 11. It is a general and established doctrine, that an 

§ 7. What is a right by prescription ? How many years' peaceable use gives 
a person such right ? What change in this term has been made in some states 1 
What is it in this state ? § 8. What right have the public to the soil of a high- 
way ? Who own the soil ? What right and power concerning it do they retain 1 
§ 9. What are the rights of the owners of lands adjoining a stream 1 How ig 
the use of the water restricted? § 10. How may the right to the use of th«i 
water be affected by prescription ? 



186 GOVERNMENT CLASS BOOK. [Chap. Llli 

exclusive and uninterrupted enjoyment of water, or of light, 
or of any other easement, in any particular way, for twen- 
ty years, or for any other period which in any particular 
state is the established period of limitation, is a sufficient 
enjoyment to raise a presumption of title as against the 
right of any other person. The enjoyment is deemed to 
have been uninterrupted, whether it has been continued 
Tom ancestor to heir, and from seller to buyer ; or whether 
the use has been enjoyed during the entire period by one 
person. 

§ 12. As a right may be acquired by use, so it may be 
lost by disuse ; and as an enjoyment for twenty years, or 
such other period as is prescribed by statute, is necessary 
to establish a right ; an absolute discontinuance of the use 
for such period will raise the presumption that the right 
has been released or extinguished. Thus a title to land 
may pass from its actual owner by non-occupancy for the 
period above stated ; and a title to it may be acquired by 
an undisturbed occupant who shall hold it in peaceable and 
uninterrupted possession for the same period 



CHAPTER LIII. 



ueases : — Estates for Life ; Estates for Years ; Estates at Will ; Estates by 
Sufferance ; Rent, &c. 

§ 1 . Real estate, the title to which is conveyed by deed, 
as distinguished from other estates in land, is called an 
estate of inheritance. An estate of inheritance, that is, an es- 
tate in lands that may be transmitted by the owner to his 
heirs, is a fee. No estate is deemed a fee unless it may con- 
tinue forever. When it is a pure and absolute inheritance, 
clear of any qualification or condition, it is called a fee 
simple. 

§ 11, 12. What is the general and established doctrine on this subject? Must 
the usp. be enjoyed by one person during the whole period to give a prescriptive 
right? Chap* LIII. § 1. What is an estate of inheritance ? AJee? A fee- 
simple ? 



t-hap.Lill.] COMMON AND STATUTORY LAW 187 

£ 2. An interest in lands which is to continue for a limit- 
ed period, is usually conveyed by a written instrument 
called lease. To lease means to let ; but generally to 
grant the temporary possession of real estate to another 
for rent or reward.- Sometimes the word demise is used for 
ease. The landlord, or person letting the estate, is call- 
ed lessor ; and the tenant, or person to whom the land is 
leased, is called lessee. Leases for a term longer than one 
year, are usually required to be sealed, and in some states, 
proved and recorded also, as deeds and mortgages. 

§ 3. These limited interests in land are divided into 
estates for life, estates for years, estates at will, and estates 
by sufferance. An estate for life is an estate conveyed to a 
person for the term of his natural life. Life estates held 
by lease, however, are not common in this country. An- 
other kind of life estate is that which is acquired, not by the 
acts of the parties, as by lease, but by the operation of law. 
Such is the right of a husband to the real estate of his wife 
acquired by her before or after marriage. Such also is the 
right of dower. (Chap. XLVIII, § 6, 7. Chap. LI, § 7.) 

§ 4. An estate for years is a right to the possession and 
profits of land for a determinate period, for compensation, 
called rent ; and it is deemed an estate for years, though 
the number of years should exceed the ordinary limit of 
human life. And if a lease should be for a less time than 
a year, the lessee would be ranked among tenants for years 
Letting land upon shares for a single crop is not consider- 
ed a lease ; and possession remains in the owner. 

§ 5. A lessee for years may assign over his whole interest 
to another, unless restrained by agreement not to assign 
without leave of the lessor. And he may underlet for any 
less number of years than he himself holds ; but he is him- 
self liable to the landlord. 

§ 6. A tenant for years, whose lease expires after the 
' land is sown or planted, and before harvest, is not entitled 
k to the crop, if the lease is for a certain period ; for, know- 
ing that his lease would expire before harvest time, he 

§ 2. What is the wrting which conveys an interest in lands for a limited 
period called ? What means to lease ? Define lessor and lessee. What lease?, 
must be sealed? $ 3. How are these limited interests in land divided? What 
is an estate for life ? How, otherwise thnn by lease, are life estates acquired ? 
§ 4. What is an estate for years ? $ 5. May a lessee for years underlet without 
the lessor's leave ? For how Ion? a time ? 



188 GOVERNMENT OLASS BOOK. [Chap. L11T. 

might have avoided the loss of his labor. But if the lease 
for years depends upon an uncertain event, the occurring of 
which would terminate the lease before the expiration of 
the term, the tenant would be entitled to the crop, if there 
were time to reap what has been sown, in case he should 
live. It is believed that, in a few states, the tenant has a 
right to the crop from grain sown in tho autumn before the 
expiration of the lease, and cut the next summer after its 
expiration. 

§ 7. Where there is an express agreement to pay rent, 
the tenant can not avoid payment even if the premises are 
destroyed by fire or flood, or if he is in any other manner 
deprived of their enjoyment and use, even without any de- 
fault on his part. Hence, if land should be leased with a 
flock of sheep, and the sheep should die, the full rent must 
be paid. But if the land should be recovered from the ten- 
ant by a person having a better title than that derived 
from his landlord, he is not liable for rent after his use of 
the land has ceased. 

§ 8. A tenant can not make repairs at the expense of the 
landlord, or deduct the cost of them out of the rent, unless 
by special agreement. But if the premises, from want ol 
repair, have become unsafe or useless, the tenant from year 
to year may quit without notice ; and he would not be lia- 
ble for rent after the use had ceased to be beneficial. 

§ 9. When rent is due, payment may be made or tender- 
ed upon the premises ; and if no place of payment has 
been agreed on, a personal tenderoff the land is also good. 
As to the time of payment, where there is no special agree- 
ment to the contrary, rent is due yearly, half-yearly, or 
quarterly, according to the usage of the country. Where 
there is no particular usage, the rent is due at the end of 
the year. 

§ ] 0. An estate, at will is where land is let to another, to 
hold at the will of the lessor. Tenancies at will, strictly 
such, are not common. Such estates, when no certain 
term is agreed on, are construed to be tenancies from year 

§ 6. Who is entitled to the growing crop if the lease expires before harvest 1 
In what case the tenant; 1 §7. Does the destruction of rented premises release 
the tenant iYoni payment of rent 1 In what case would he not; be liable ? $ 8. 
Can a tenant charge his landlord for repairs ? What may he do when the prem- 
ises have become unsafe or useless 1 §9 Where and when must payment of 
rent be made or tendered 1 



Chap. LTV] COMMON AND STATUTORY LAW. 189 

to year, and each party Is bound to give reasonable notice 
of an intention to terminate the lea.se. If the tenant holds 
over after the expiration of a lease for years, either by ex- 
press consent, or under circumstances implying" consent, it 
is held to be evidence of a new contract without any defi- 
nite period, and is construed to be a tenancy from year to 
year : and in those states where the old English rule 
prevails, six months' notice must be given the tenant to 
quit. 

§ 11. What turns leases for uncertain terms into leases 
from year to year, is the landlord's reserving annual rent. 
A tenant placed on land without any terms prescribed or 
rent reserved, is strictly a tenant at will ; and it has been 
held that such tenant is not entitled to notice to quit ; but 
the general rule now seems to be, that even in such case 
the six months' notice is necessary ; or, as in some states, 
a reasonable notice. 

§ 12. An estate at sufferance is that which is acquired by a 
tenant who has come into lawful possession of land, but 
who holds over by wrong after his interest has ceased. 
He is not entitled to notice to quit ; and where there is no 
special statute, he is not liable for rent ; and the landlord 
may enter, and remove the tenant and his goods with such 
gentle force as may be necessary. If undue force is used, 
the landlord would be liable to an action for forcible entry 
and detainer. 



CHAPTER LIV 

Contracts in General 

§ 1. A contract is an agreement between two or more 
persons, by which the parties agree to do, or not to do, a 
particular thing. Contracts are executory, when the stipula- 

§ 10. What is an estate at will ? Are such estates common ? In what case 
are they held to be tenancies from year to year ? What if a tenant for years 
hold over after his lease 1 §11. What turns leases from uncertain terms into 
leases from year to year ? Who is strictly a tenant at will ? Can he be dis- 
possessed without previous notice to quit ] $ 12. What is an estate at suffer 
ance ? What are the rights of a landlord and a tenant by sufferance, respeo* 
tively ) 



190 GOVERN MEN T CLASS BOOK. [Chap LiV 

tions remai-'i to be executed, or when cne party agrees to 
sell and deliver, at a future time, for a stipulated price, and 
the other agrees to accept and pay. Contracts are express, 
when the parties contract in express words, or by writing ; 
implied, when an act has been done which shows that the 
parties must have intended to contract ; as, when a person 
employs another to do some service, it is presumed that 
the party employing intended to pay for the labor performed. 

§ 2. Contracts are also distinguished as specialties and 
simple contracts. A specialty is a contract under seal ; as 
a deed, or a bond. But we shall here consider chiefly that 
common class of contracts called simple contracts, or contracts 
by parol. Parol signifies by word of mouth. Applied to 
contracts, however, it not only means verbal contracts, but 
includes written contracts not under seal. Both are sim- 
ple contracts ; the distinction between them is in the mode 
of proof. The mutual understanding of the parties to a 
verbal contract may be proved by parol evidence. But as 
the real intention of parties is more likely to be expressed 
in a written contract, the rule of law is, that parol evidence 
may not be admitted to contradict or vary the terms of a 
written instrument. It may however be admitted to ex- 
plain what is doubtful, or to supply some deficiency. 

§ 3. To make a valid contract, the parties must be capable of 
contracting. They must be of sound mind. Hence idiots 
and lunatics are generally incompetent to make contracts. 
Contracts by lunatics and idiots are not necessarily void, 
but only voidable; the validity or invalidity depending 
upon facts to be proved. To avoid a contract on the 
ground of mental imbecility, it must be proved that the 
party contracting was at the time incompetent. But if a 
general derangement is once established or conceded, the 
person is presumed to be incompetent ; and the party seek- 
ing to enforce the contract must prove the other to have 
been sane. The general rule in the case of idiots is, that 
if the party is incapable of acting in the ordinary affairs of 
life, or in the particular contract, his idiocy will annul the 
contract. 

Chap. LIV. § 1. Define contract. What is an executory contract 1 An ex 
press contract 1 An implied contract ? $ 2. What is a specialty 1 A simple 
•?r parol contract ? Define parol. What effect has parol evidence upon written 
contracts '? § 3. Who aro deemed incapable of contracting 1 How are contract* 
made by such persons voided ? How enforced ? What is the general rule 1 



Cbajv LIV.l COMMON AND STATUTORY LAW 13 J 

§ 4, Drunkards also are incompetent to contract while 
in a state ol intoxication, provided the drunkenness in uaeh 
as to deprive them of reason for a time, and create impo- 
tence of mind. But for absolute necessaries, if the drunk- 
ard consumes them during his drunkenness, or keeps them 
after becoming sober, he is liable. Intoxication only ren- 
ders a contract voidable, not void, as the party intoxicated 
may adopt it on recovering his understanding. 

§ 5. Another requisition to a valid contract, is the mutual 
assent of the parties. A mere offer by one party not assent- 
ed to or accepted by the other, constitutes no contract 
Assent must also be given freely. A contract entered into 
under duress, or compulsion, is not binding ; as where as- 
sent is extorted by threats of personal injury. Assent 
must also be given with a knowledge of facts. A contract 
made under an injurious mistake, or ignorance of a mate- 
rial fact, may be avoided, even though the fact is not 
fraudulently concealed. But a mistake made through igno- 
rance of the law, will not render a contract void. 

§ 6. A valuable consideration also is necessary to a valid 
ron tract. A consideration is what is given or done, or to be 
given or done, as the cause or reason for which a person 
enters into an agreement. Thus, the money given or offer- 
ed, for which a man agrees to perform certain labor, is the 
consideration of the agreement. So the money or other 
thing for which a promissory note is given, is the conside- 
ration. A valuable consideration is any thing that is either 
a benefit to the party promising, or some trouble or injury 
to the party to whom the promise is made. 

§ T. Mutual promises are sufficient considerations to 
make a contract binding ; but they must be made at the 
same time. Such promises support each other. The pro- 
mise of one party constitutes a sufficient consideration for 
a promise by the other party. In case the parties are dis- 
tant from each other, if the proposition is made in writing 
and sent by mail, and a letter of acceptance is written and 
put in the mail, the contract is complete, unless, before 



§ 4. What is the rule in regard to drunuards 1 § 5. What is mentioned as 
the second requisition to a valid contract 1 How must assent be given ? §6. 
What is next mentioned as necessary to a valid contract ] What is a conside- 
ration 1 § 7. What is the effect of mutual promises ? How must they be 
Kiade 1 How when the parties are distant ? 



192 GOVERNMENT CLASS BOOK. [Chap. LlV 

mailing the letter erf accept.m^o, i seord lot-tier bas been 
received containing a retraction of the proposal. 

§ S. Promises which are wholly gratuitous are void ; be- 
cause, being neither a benefit to the promiser, nor an inju- 
ry to the promisee, they are not regarded in law as a valu- 
able consideration. Hence, subscriptions to public works 
and charitable, literary, and religious institutions, if they 
are merely gratuitous, can not be collected, unless they 
have operated to induce others to advance money, make en- 
gagements, or do other acts to their own injury. 

§ 9. As gratuitous promises are void for want of consid- 
eration, so merely gratuitous services, as voluntarily assist- 
ing to save property from fire, or securing beasts found 
straying, or paying another's debts without request, afford 
no consideration upon which payment for their value can be 
lawfully claimed ; there being no promise of compensation. 
But if a person knowingly permits another to do certain 
work, as plowing his field, or hoeing his corn, although the 
work may have been commenced without his order or re- 
quest, his consent will be regarded in law as sun. implied pro- 
mise to pay for the value of the labor, unless the circum- 
stances of the case are such as to forbid the presumption. 

§ 10. A consideration must also be possible, and ir accord- 
ance with law, sound policy, and good morals. A con- 
tract founded upon an impossible consideration is void. 
No man can be lawfully bound to do what is not in the 
power of man to do. But it is otherwise, if the thing to be 
done is only at the time impossible in fact, but not impos- 
sible in its nature. Hence, inability from sickness to fulfill 
an agreement, or the impossibility of procuring an article 
of a certain kind or quality which a person has agreed to 
deliver, would not exempt him from liability in damages 
for the non-performance of his contract. 

§ 11. A contract, the consideration of which is illegal or 
immoral, may be avoided by either party. A man can not 
be held to an agreement to do acts forbidden by the law of 
God or by the laws of the state. But if an illegal contract 



§8. Why are gratuitous promises void? In what case are subscriptions 
binding 1 §9. Why can not payment be lawfully claimed for gratuitous ser 
vices 7 In what cases is a person bound to pay for unasked labor ? § 10. Whai 
else is mentioned as necessary to a valuable consideration ? What kind of ivz 
possibility will not void a contract 1 



Chap LV.| COMMON AND STJTffnflf LAW. 193 

Las been executed ; in other words, if the wrong has been 
aone, the party in the wrong can not.renounce the contract ; 
for the general rule is, that no man can take advantage of 
his own wrong ; and the innocent party alone has the priv- 
ilege of avoiding the contract. If both parties are guilty, 
neither can, in ordinary cases, obtain relief on a contract 
that has been executed. 

§ 12. The rule that a consideration is necessary to a 
valid contract applies to all contracts and engagements not 
under seal, except bills of exchange and negotiable notes 
after they have passed into the hands of an innocent indor- 
see. (See Promissory Notes.) In contracts under seal, a 
consideration is necessarily implied in the solemnity of the 
instrument. 

§ 13. It is declared by the English statute of frauds, 
which prevails generally in the United States, that an 
agreement which is not to be performed within one year 
from the time of making it, shall not be valid, unless such 
agreement, or some memorandum or note thereof, is in writ- 
ing, and signed by the party to be charged. The statutes 
of some of the states have adopted this provision of the 
English statute, and require further, that a special promise 
to answer for the debt, default, or misdoing of another per- 
son, and an agreement or promise upon consideration of 
marriage, (except mutual promises to marry,) shall like- 
wise be void without such writing, in which the considera- 
tion shall be expressed. 



CHAPTER LV 

Contracts of Sale. 



§ 1. A sale is a transfer of the title to property to another 
person for a certain price ; or the exchange of a commo- 
dity for its equivalent value in money. The exchange of 

§ 11. What is said of illegal and immoral considerations ? § 12. To what kind 
jf contracts does the rule that a consideration is necessary apply ? Why not to 
those under seal 1 $ 13. What is declared by the English statute of fravis 1 
What do some states further require ? 

9 



[94 GOVERNMENT CLASS BOOK. [Chap. Lv 

one commodity for another, is barter. Unless the absolute 
title is conveyed, the contract is merely a mortgage. The 
same general principles of law which apply to contracts in 
general, are applicable to contracts of sale, viz. : the com- 
petency of the parties to contract ; the sufficiency of the 
consideration ; its legality and morality ; the assent of the 
parties ; and the absence of fraud. 

§ 2. To make a sale valid, the tiling to be sold must have 
an actual or a possible existence, and be capable of delivery. Thus, 
if A sells a horse or certain goods to B ; and if, at the time 
of the sale, the horse is dead, or the good? are destroyed ; 
the sale is void. If the goods are partially destroyed, the 
buyer may either take them at a proportionate reduction of 
the price, or abandon the contract. 

§ 3. But, although the thing to be sold has no actual 
and present existence ; yet if its future existence is possi- 
ble, and if it is the product or increase of something to 
which the seller has a present right, it is the subject of 
sale. Thus, a man may sell the wool that may grow on 
his sheep, the fruit that may grow on his trees, or the 
future increase of his cattle. But he cannot sell the pro- 
ducts of the sheep or cattle which he may hereafter buy 
A man may, however, agree to procure goods which he has 
not, and to furnish at a future time, for a certain price ; 
and his contract will be good ; though this is not strictly 
a sale, but an agreement to sell. 

§ 4. There can be no sale without & price; and the price 
must be fixed and definite, or susceptible of being ascer- 
tained by reference to some criterion prescribed in the con- 
tract, so as to render any further negotiation of the parties 
unnecessary. Thus, a man may agree to pay what shall 
be the market price at a particular time, or a price to be 
fixed by a third person. The price must also be payable 
in money or its negotiable representative, as notes or bills. 
One article given for another is merely barter. The same 
principles of law, however, govern in both cases. 

§ 5. There must be a 7nutual consent of the parties, and the 
contract is binding when a proposition made by one party 



Ojiap. LV. § 1. What is a sale 1 What general principles apply to contracts 
cf sale 1 § 2. What if a man contracts to sell what has no existence 7 Give 
an example. § 3. Can he sell what may have a future existence 7 Give exam- 
ples. § 4. What is said about price . as essential to a sal<? 7 § 5. What f.bout 
the mutual consent of parties 7 



Jjhap. LV.J COMMON AND STATUTORY LAW 195 

is accepted by the other. The negotiation may be carried 
on by letter, as before stated. (Chap. LIV, §7.) 

§ 6. In contracts of sale which are not perfected at once 
by payment and delivery, certain formalities are to be ob- 
served. These forms generally are prescribed by what is 
called the English statute of frauds, which requires, (1.) 
that the buyer shall accept and receive part of the goods 
sold ; or (2.) give something in earnest to bind the bargain, 
or in part payment ; or (3.) that some note or memoran- 
dum in writing of the bargain shall be made and signed 
by the party to be charged, or by his authorized agent. 
These provisions, however, apply only to cases in which 
the price of the goods sold is ten pounds sterling, or more. 
The same rule prevails generally in this country, with 
slight variations in some states. The price of the goods 
sold, in cases to which the provisions of that statute ap- 
ply, is fixed by law in many of the states, and varies from 
$30 to $200. 

§ T. To complete a contract of sale, and pass the title to 
the property to the buyer, there must be a delivery of the 
goods sold. When the goods are such as cannot be manual- 
ly or immediately delivered, or are not in the actual cus- 
tody of the seller, the law does not require an actual 
delivery. But they must be placed in the power of the 
purchaser ; or there must be such acts and declarations of 
the parties as imply a change of ownership. When the 
right of property has been transferred to the buyer, 
whether by an actual or only a constructive delivery, he 
immediately assumes the risk of the goods ; so that if they 
shall be afterward injured or destroyed, he must bear the 
loss. 

§ 8. When nothing is said at the sale as to the time of 
delivery, or the time of payment, the buyer is entitled to 
the goods on payment or tender of the price, and not other 
wise ; for, though he acquires the right of property by the 
contract of sale, he does not acquire the right of possession, 
until he pays or tenders the price. But if the seller de- 
livers the goods absolutely, and without fraudulent cow 

§ 6. Wbat is to be done if the goods are not immediately delivered 1 Below 
what price is this unnecessary? What is the sum fixed in this state ? §7. 
What is said about delivery to complete a contract ? § When does the buyer 
acquire the right of property ? When the right of possession 1 



106 GOVERNMENT CLASS BOOK. fChap. LV 

fcrivance on the part of the buyer, the buyer will hold po* 
session of them. 

§ 9. But when goods are sold on credit, and nothing is 
said as to the time of delivery, the buyer is immediately 
entitled to the possession. If, however, it is ascertained, 
before the buyer obtains possession of the goods, that he is 
insolvent, or so embarrassed as to disable him from meet- 
ing the demands of his creditors, the seller may stop the 
goods as a security for the price. But if they are stopped 
without good cause, or through misinformation, the buyer 
is entitled to the goods, and to damages which he may have 
sustained in consequence of their stoppage. 

§ 10. In the sale of a chattel, if the seller has possession 
of the article, and sells it as his own, he is understood to 
icarrant the title. A fair price implies a warranty of title ; 
and the purchaser may have satisfaction from the seller, if 
he sells goods as his own, and the title proves deficient. 
But if the possession is at the time in another, and there is 
no covenant or warranty of title, the party buys at his 
peril. It is thought, however, if the seller affirms that the 
property is his own, he warrants the title, though it is not 
in his possession. 

§ 11. With regard to the quality of the thing, the seller 
is not bound to make good any deficiency, except under 
special circumstances, unless he expressly warranted the 
goods to be sound and good, or unless he made a fraudu- 
lent representation or concealment concerning them. The 
rule is, if there is no express warranty by the seller, nor 
fraud on his part, and if the article is equally open to the 
inspection of both parties, the buyer who examines the ar- 
ticle fur himself, must abide by all losses arising from latent 
defects equally unknown to both parties. 

§ 12. But this rule does not reasonably apply to cases in 
which the purchaser has ordered goods of a certain charac- 
ter, or in which goods of a certain described quality are 
offered for sale, and, when delivered, they do not answer 
the description. There being no opportunity of examining 
them, there is an implied warranty of the quality. An in- 

§ 9. In case the goods are sold on credit, when has the huyer a right to them \ 
In what case has he not 1 § 10. What is said uhout the warranty of title 1 $ 1 1 
In regard to quality, what 1 § 12. To what cases does not this rule apply ? la 
seller bound to disclose hidden defects 7 



Chap. LVI.] COMMON AND STATUTORY LAW. I97 

tentional concealment or suppression of a material fact, 
when both parties have not equal access to means ol 
information, is unfair dealing, and renders the contract 
void. 

§ 13. As a general rule, each party is bound to commu- 
nicate to the other his knowledge of material facts, provid- 
ed he knows the other to be ignorant of them, and they are 
not open and naked, or equally within the reach of his ob 
servation. Surely the moral law and fair dealing require, 
in all cases, a full disclosure of all defects within the know- 
ledge of the contracting parties. 



CHAPTER LVI. 

Fraudulent Sales ; Assignments ; Gifts, &c. 

§ 1. The title to property is sometimes transferred with 
fraudulent intent. A debtor, to place his property beyond 
the reach of his creditors, sells or assigns it to others by 
way of mortgage, under the false pretense of securing the 
payment of a debt ; the property to remain ^ the posses- 
sion and use of the assignor. 

§ 2. Any agreement which operates as a fraud upon 
third persons, is void. It is a rule of common law, that all 
deeds of gift, and all transfers of goods and chattels made 
by any person to secure them for his future use, shall be 
void as against creditors ; and that if property assigned or 
sold remains with the seller or assignor, the transaction is 
to be presumed fraudulent. But whether such conveyance 
of goods is only prima facie (at first view) evidence of fraud, 
which the vendee or assignee may rebut by proving the 
sale or assignment to have been made honestly and in good 
faith ; or whether the transaction is fraudulent in point 01 
lav;, and void, is a question upon which the decisions of 

§ 13. What is the general rule 1 Chap. LVI. § 1. For what purpose are 
fraudulent sales made 1 §2. What is here stated to bo a common 'aw ruio / 
Upon what question do he courts differ 7 



198 GOVERNMENT CLASS BOOK. [Chap. LVI, 

the courts in England as well as those in this country dif- 
fer, and which, therefore, may be considered as not conclu* 
sively settled. 

§ 3. Some have made a distinction between bills of sale 
and assignments that are absolute and those that are con- 
ditional. The supreme court of the United States has affirm- 
ed the doctrine that an absolute and unconditional bill of 
sale or conveyance, when the property is retained in posses- 
sion, is of itself conclusive evidence of fraud ; in other 
words, it is presumed to be fraud in point of law, whatever 
it may be in fact. It has been held by the same court, 
that a conveyance with a condition that the property is to 
remain with the vendor until the condition shall be per- 
formed, or a conveyance in the nature of a mortgage or 
security, expressing an agreement between the parties, 
that the mortgager shall retain possession, is valid. 

§ 4. In some states, the doctrine established by the 
courts is, that a continuance of possession is only prima 
facie evidence of fraud ; in which case the mortgagee or 
assignee is allowed to show by proof, that the conveyance 
was made in good faith and for a valuable consideration. 
In other states, the strict rule prevails, that, without a 
change of possession, the transaction is fraudulent in law ; 
in which case the assignee, or person claiming the property 
under the assignment, is not permitted to show that, in 
point of fact, the transaction was bona fide, (in good faith.) 

§ 5. The rule that holds every conveyance to be fraudu- 
lent unless the property immediately changes hands, often 
operates to inconvenience and even injury of honest debtors. 
A debtor may be obliged to part with property, however 
convenient or needful its present use may be to him, when, 
but for this stringent rule of law, he might borrow the 
money to pay a debt, or procure a postponement of pay- 
ment, and retain the use of the property pledged. 

§ 6. In many of the states, this perplexing question has 
been settled by statute. In the state of New- York, the law 
expressly declares, that a sale or an assignment without 
immediate delivery and a change of possession, shall be pre- 



§ 3. What distinction has been made between conditional and unconditional 
b'llsof sale and assignments 1 § 4. In different states, what different ruley pre- 
vail 'i § 5. How does the strict rule sometimes operate to the injury of homes* 
debtors? 



Chap. LVL] COMMON AND STATUTORY LAW. 199 

sumed to be fraudulent and void as against creditors, un- 
less the party claiming- the property under the assignment 
shall make it appear that the same was made in good faith, 
and without any attempt to defraud. Laws more or less 
similar to this, and securing to the assignor the use of the 
mortgaged property, are believed to exist in a majority 
of the states. The instruments conveying the property are 
usually called chattel mortgages, and are required to be re- 
corded as deeds ; in New- York, and perhaps a few other 
states, only filed in the town or county clerk's office. 

§ 7. In the sale of personal property, though there should 
be a judgment against the vendor, and the purchaser should 
have notice of it, that fact would not of itself render the 
sale fraudulent. But if the purchaser, knowing of the 
judgment, purchases with the view or purpose to defeat 
the creditor's execution, the transaction is fraudulent. The 
question of fraud depends upon the motive. 

§ 8. Assignments are sometimes made by debtors for the 
benefit of their creditors. A person deeply indebted, or in 
embarrassed circumstances, assigns his property, in trust, 
to one or more persons, who are to dispose of it, and to 
apply the avails to the payment of his creditors, or a part 
of them ; for the law does not forbid a debtor's giving a 
preference to one or more creditors over others, provided 
the assignment is for a sufficient consideration. A debtor 
may directly assign or transfer all his property to a single 
creditor, and the assignment be valid ; but if the value of 
the property is manifestly excessive, and disproportionate 
to the debt which it is intended to cover, the other creditors 
have a right to the surplus. 

§ 9. When an embarrassed debtor agrees to pay his credi- 
tors a certain proportion of their claims in consideration of 
a discharge of their demands, if he privately agrees to give 
a better or further security to one than to others, the con 
tract is void ; because the condition upon which they agree 
to discharge the debtor is, that they shall share equally. 

§ 10. A gift, or conveyance founded merely upon a con- 

§ 6. How has this question been settled in some states ? What are these in 
struments of conveyance called ? Must they be recorded in this state 7 § 7. In 
what, case, when there is a judgment against the seller, would a sale of persona] 
properly be fraudulent? § 8. How are assignments made for the benefit of ere. ii- 
tors ? May such assignor prefer any of his creditors 1 § 9. Tf he agrees to ysy . 
all a certain share, and then privately prefers some what is the effect? 



200 GOVERNME T CLASS BOOK. [Chap. LV11, 

sideration of affection, or blood, or consanguinity, may be 
set aside by creditors, if the grantor was in embarrassed 
circumstances when he made it ; for a man is bound, both 
legally and morally, to pay his debts before giving away 
his property. But if he is indebted to only a small amount 
in proportion to the value of his property, and wholly un- 
embarrassed, the gift is not rendered voidable by his in- 
debtedness, even though he should afterwards become in- 
solvent. 



CHAPTER LVII 

Bailment. 



§ 1. The word bailment is from bail, French, to deliver. 
(Chap. XVIII, § 14.) Bailment, in law, is a delivery of 
goods, in trust, upon agreement that the trust shall be ex- 
ecuted, and the goods restored by the bailee, when the pur- 
pose of the bailment shall have been answered. 

§ 2. A person who receives goods to be kept- and return- 
ed without reward, must keep them with reasonable care, 
or, if they receive injury, he will be liable for the damage : 
in other words, he is responsible only for gross neglect. 
Gross neglect is a want of that care which every man of 
common sense takes of his own property. A depositary, who 
is a person with whom goods are deposited, has no right to 
use the goods intrusted to him. 

§ 3. A mandatary, or one who undertakes to do an act for 
another without recompense, in respect to the thing bailed 
to him, is responsible for gross neglect, if he undertakes 
and does the work amiss ; but it is thought that for agree- 
ing to do, and not undertaking or doing at all, he is not 
liable for damage. 

§ 4. The borrower of an article, as a horse, carriage, 
or book, without reward, is liable for damage in case of 



§ 10. In what cases are gifts valid against creditors ? Chap. XVII. $ 1 Define 
bailment. §2. For what is a bailee without reward responsible 1 What is a 
depositary ? § 3. A mandatary ? For what is he responsible? 



Chap. LVll] COMMON AND STATUTORY LAW. 201 

slight neglect. But if the article is applied only to the use 
for which it is borrowed, is used carefully by the borrower 
uiily, and returned within the time for which it was borrow 
ed, he is not liable. 

§ 5. Property taken in pledge as security for a debt or 
an engagement, must be kept with ordinary care ; in other 
words, the pawnee is answerable only for ordinary neglect ; 
and if the goods should then be lost or destroyed, the 
pawner is still liable for the debt. If the pawnee derives 
any profit from the use of the property, he must apply the 
profits, after deducting necessary expenses, toward the 
debt. 

§ 6. Another kind of bailment is the hiring of property 
for a reward. If an article is injured or destroyed without 
any fault on the part of the hirer, the loss falls on the 
owner, for the risk is with him. 

§ 7. If work or care is to be bestowed for a recompense 
on the thing delivered, the workman is liable for ordinary 
neglect ; and the work must be performed with proper 
skill, or he is answerable for damage. If a tailor receives 
cloth to be made into a coat, he is bound to do it in a work- 
manlike manner. 

§ 8. Innkeepers are in general responsible for all inju- 
ries to the goods and baggage of their guests, even for 
thefts. But for loss caused by unavoidable accident, or by 
superior force, as robbery, they are not liable. 

§ 9. A person who carries goods for hire in a particular 
case, and not as a common carrier, is answerable only for 
ordinary neglect, unless he expressly takes the risk of a 
common carrier. 

§ 10. A common carrier is one who carries goods for 
hire as a common business, whether by land or by water, 
and is responsible to the owner of the goods, even if rob- 
bed of them. He is in the nature of an insurer, and is an- 
swerable for all losses, except in cases of the act of God, 
as by lightning, storms, floods, &c., and public enemies, as 
in time of war. 

§ 4 For what is a borrower liable ? How is he restricted in the use of the 
a.iticle ? § 5. In the ease of property pledged as security for debt, what are 
the liabilities 1 § 6. What in case of a hired article 1 $ 7. What if work or 
•care is to be bestowed upon a thing delivered ? § 8. The liability <>f innkeepers V 
§ 9. Of persons carrying goods for hire in a particular case 1 § 10 What is a 
oomraon carrier 1 To what extent is he liable 1 

9* 



202 GOVERNMENT CLASS BOOK. [Chap. LVIII. 

§ 11. A common carrier is bound to receive from any 
per.son paying or tendering 1 the freight charges, such goods 
as he is accustomed to carry, and as arc offered for the 
place to which he carries. But he may refuse to receive 
them if he is full, or if they are dangerous to be carried, or 
for other good reasons. He may refuse to take them un- 
less the charges are paid ; but if he agrees to take pay- 
ment at the end of the route, he may retain them there un- 
til the freight is paid. A carrier must deliver freight in a 
reasonable time ; but he is not liable for loss by the freez- 
ing of a river or canal during his voyage, if he has used 
me diligence. 

§ 12. Proprietors of a stage coach do not warrant the 
t»ufety of passengers as common carriers ; and they are not 
responsible for mere accidents to the persons of the passen- 
gers, but only for the want of due care. Slight fault, un- 
skillfulncss, or negligence, either as to the sufficiency of the 
carriage, or to the driving of it, may render the owner re- 
sponsible in damages for injury to passengers. But as 
public carriers, they are answerable for the loss of a box 
or parcel of goods, though ignorant of its contents, unless 
th« owner fraudulently conceals the value or nature of the 
article, or deludes the carrier by treating it as of little or 
no value. Public carriers are responsible for the baggage 
of their passengers, though they advertise it as being at 
the risk of the owners. 



CHAPTER LVIII. 

Principal and Agent, or Factor ; Broker; Lien, &o. 

§ 1 An agent, or factor, is a person intrusted with the 
management of the business of another, who is called prin- 
cipal. The words agent and factor both signify a deputy, a 

§11. What are his rights and obligations as to receiving and carrying goods? 
i 12. What are the liabilities of proprietors of stage coaches as to passengers ? 
What as to tho carrying of goods and the baggage of passengers ? 



Chap.LVIIL] COMMON AND STATUTORY LAW. 203 

substitute, or a person acting- for another ; but agent seems 
to be the more comprehensive term, being applied to one 
who is intrusted by another with any kind of business ; 
factor more properly denotes an agent employed by mer- 
chants residing in other places to buy and sell, and transact 
certain other business on their account. A factor, from his 
being commissioned or authorized to act for his principal, 
and especially if allowed a commission, or a certain rate per 
cent, of the value of the goods bought or sold, is called a 
commission merchant. 

§ 2. If a factor advances money on property intrusted to 
him, he can hold it until the money shall be refunded, and 
all charges paid. If the actual owner of the property is 
unknown to the factor, the person in whose name the goods 
were shipped, is to be deemed the owner. 

§ 3. The right of a factor to hold property against the 
owner in satisfaction of a demand, is called lien ; and the 
factor may sell the goods to satisfy his claim ; but he must 
pay the surplus, if any, to the principal or owner. A factor 
can not pledge goods intrusted to him for sale, as security 
for his own debts. If he disposes of merchandise intrust- 
ed or consigned to him, and applies the avails to his own 
use, with intent to defraud the owner, he may be punished 
by fine and imprisonment. 

§ 4. How far, in ordinary business, a principal is bound 
by the acts of an agent, it is not easy to determine. As a 
general rule the acts of a general agent ; that is, one who 
either transacts all kinds of business for his employer, or 
who does all acts connected with a particular business or 
transaction, or which relate to some particular department 
of business, bind his principal, so long as he keeps within 
the general scope of his authority, though he may in some 
special cases act contrary to his private instructions. But 
an agent employed for a particular purpose, if he goes be- 
yond the limits of his power, does not bind his principal. 

§ 5. An agent is boand, in ordinary cases, to observe the 
instructions of his principal, even though an act contrary 

Chap. LVIII. § 1. Define agent, principal, factor. What is a factor some- 
times called ? §2. How is a factor secured for money advanced on property 1 
§ 3. What is this right to hold property called 1 How is he restricted 7 §4. 
IIow far is a principal bound by the acts of a general agent 1 What is a gene 
r ^l ageut ? 



204 GOVERNMENT CLASS BOOK. [Chap. LVIU 

to such instructions should be intended for the benefit of 
the principal. The agent must bear, personally, all losses 
growing out of a non-compliance with his orders ; and 
the profit accruing therefrom goes to the benefit of the 
principal. An agent, however, is excused from a strict com- 
pliance with his orders, if, after receiving them, some sud- 
den and unforeseen emergency has arisen, in consequence of 
which such compliance would operate as an injury to the 
principal, and frustrate his intention. 

§ 6. When an agent receives no instructions, he must 
conform to the usage of trade, or to the custom applicable to 
the particular agency ; and any deviation therefrom, un- 
less justified by the necessity of the case, renders him 
solely liable for any loss or injury resulting from it. 

§ t. An agent is bound to exercise ordinary diligence and 
reasonable skill ; and he is responsible only for the want 
thereof. Ordinary diligence is that which persons of com- 
mon prudence use in conducting their own affairs. Reason- 
able skill is that usually possessed by persons of common 
capacity employed in the same business. 

-§ 8. If an agent exceed the limits of bis authority, he be- 
comes personally responsible to the person with whom he 
deals, if the limitations of his authority are unknown to 
such person. He is in like manner responsible, if he makes 
a contract in his own name ; or if he does not disclose the 
name of the principal, so as to enable the party with whom 
he deals to have recourse to the principal in case the agent 
had authority to bind him. And if the agent even buys in 
his own name, but for the principal, and without disclosing 
his name, the principal also is bound, provided the goods 
come to his use. Also if the principal is under age, or a 
lunatic, or otherwise incompetent to contract, the agent is 
liable. 

§ 9. A broke?' is an agent employed to negotiate sales be- 
tween parties for a compensation in the form of a commis- 
sion, which is commonly called brokerage. His business 

$ 5. How far is an agent bounrl to his principal ? In what case may he do- 
part from his instructions 1 § 6. By what rule is he to be governed 1 $ 7. Wha< 
degree of diligence and skill must he exercise ? What is ordinary diligence 1 
Reasonabie skill ) $ - 1 . In what cases is an agent responsible to the person with 
ivhotnhe deals? Tn what cade is a principal liable for goods bought by an ager.; 
in his own name? 



Chap L1X.] COMMON AND STATUTORY LAW. 205 

consists chiefly in negotiating exchanges ; or in buying and 
selling stocks, goods, ships, or cargoes ; or in proem .ng 
insurances and settling losses ; and as he confines hin oelf 
to one or the other of these branches, he is called ai* ex- 
change broker, stock broker, insurance broker, &c. A 
broker diners from a factor. He has not the custody >f the 
goods of his principal. He is merely empowered to affect 
the contract of sale ; and when this is done, his agency 
ends. If a broker executes his duties in such a manner 
that no benefit results from them, or is guilty of gross mis- 
conduct in selling goods, he is not entitled to a commission 
or compensation. 

§ 10. A lien, as the claim of a factor upon goods intrust- 
ed to him for sale, has been noticed. (§3.) The right of 
lien extends to others than factors. It is intended s*iso for 
the benefit of manufacturers, mechanics, and other } ersons 
carrying on business for the accommodation of the public. 
A tailor has a lien upon the garment made from a other's 
cloth until he is paid for the making ; a shoemak* r upon 
the shoes made from another's leather ; a blacksmith upon 
the horse he has shod ; an innkeeper upon the Lorse or 
goods of his guest ; and common carriers upon the goods 
they transport. But they cannot hold the property for any 
other debt ; nor can they sell it to satisfy their claim. 
Whenever a person allows property to go out of his pos- 
session, he loses his lien. 



CHAPTER LIX. 

Partnership. 



§ 1. A partnership is an association formed by contract 
oetween two or more persons, for joining their money, 
labor, or skill, in lawful business, the profits to be divided 
and the loss to be borne by the partners in certain propor- 
tions. It is a partnership if one furnishes the funds and 

§ 9. What is a broker '] His ordinary business ? In what does he differ from 
h factor 1 4 10. What is a lien 1 For whose benefit is the right intended ? How 
'■* t.h^ir right restricted ? Chap. LIX. § 1. Define partnership 7 



20 G GOVERNMENT CLASS BOOK. [Chap. LIX. 

the other performs the labor ; or if, when no money is ne- 
cessary, eacli agrees to do his share of the labor. A partner- 
ship or association of this kind is denominated a firm, or 
house.. 

§ 2. The act of any one of the firm is considered the act 
of all, and binds all ; and either of them is liable for all the 
debts. But if a bill or note is drawn by one partner in 
his own name only, without appearing" to be on partner- 
ship account, he alone is bound, though it were made for a 
partnership purpose. A partner buying goods on his own 
account for his individual use, is alone liable; but if they 
afterward go to the use of the partnership, all become re- 
sponsible. 

§ 3. Sometimes a person agrees to receive, by way of 
rent, a portion of the profits of a farm, a tavern, or a manu- 
factory ; or an agent or a clerk receives a share of the 
profits for his labor. But as there is in these cases no part- 
nership, the persons who buy the stock and hire the labor 
arc alone responsible. 

§ 4. All the partners must unite in suing and being sued 
One who should conceal his name so as not to be known 
when the debt is contracted, may be sued when discovered 
to be a partner, if he shares in the profits of the trade. 

§ 5. A partner cannot sell his interest to another person, 
who is to take his place in the partnership, without the con- 
sent of all the partners : nor can a partner, without such 
consent, withdraw when he pleases, and dissolve the part- 
nership, except in cases in which the partnership is without 
any definite term. A partnership is dissolved by the death, 
insanity, bankruptcy, or other inability of one of the parties. 

§ 6. When a partnership is dissolved by the withdrawal 
of any of the partners, notice of dissolution ought to be 
duly published, or a firm may be bound by a contract made 
by one partner in the usual course of business and in the 
name of the firm, with a person who contracted on the 
faith of the partnership, and who had no notice of the dis- 
solution. The same notice is necessary to protect a retir- 

$ 2. In wh;it cases does tbe act of one partner bind all, and in what does it not 1 
§ 3. What cases of association are here mentioned that are not partnerships? 
§ 4. How are they to sue and be sued ? §5. What cannot a partner do without 
the consent of all ? What may dissolve a partnership at any time ? § 6. Why 
should notice of dissolution be published when any partner withdraws ? How 
else may he become liable ? 



Chap. LIX.] COMMON AND STATUTORY LAW " £0! 

ing partner from continued responsibility. And even if due 
notice is given, yet, if he willingly suffers his name to con- 
tinue in the firm, or in the title of the firm over the door of 
the shop or store, he may in certain cases be liable. 

§ 7. In some of the states, a partnership may be formed 
by a number of persons, some of whom are to be respon- 
sible only to a limited amount ; and their names are not to 
be used in the firm. Before a partnership of this kind can 
do business, a writing and certificate signed by the parties 
stating the terms of partnership, and the amount for which 
the special partners (as they are called) are to be responsible 
must be recorded. The terms of partnership must also be 
published in a newspaper. 

§ 8. In these limited partnerships, as they are termed, the 
special partners are liable only to the amount stated in the 
terms of partnership. The other partners, called general 
partners, whose names only are used, and who transact the 
business, are liable for all the debts contracted, as in ordi- 
nary partnerships. If such partnership is to be dissolved 
by act of the parties before the expiration of the term for 
which it is formed, notice of dissolution must be filed and 
recorded, and published in a newspaper. Such is trie law 
in the state of New York ; and it is presumed to agree, in 
its most essential provisions, with the laws of the other 
states in which these partnerships are authorized. 



CHAPTER LX 

Promissory Notes. * 



§ 1. A promissory note is a written promise to pay a spe- 
cified sum at a certain time, to a person named, or to his 
order, or to the bearer. A common form of a note is the 
following : 

§ 7. How are limited partnerships formed ? §8. For what amount are the 
special partners liable 1 Whose names are used 7 For what are the general 
partners liable ? If the partnership is to be dissolved by the act of the parties, 
wha; \b to be done ? Chap. LX § 1. What is a promissory note ? (Jive a form 



208 GOVERNMENT CLASS BOOK [Chap. LX. 

$100. Albany, June 9, 1859. 

Three months after date, I promise to pay to Jamea 
Smith, or bearer, one hundred dollars, value received. 

John Brown. 

§ 2. A note thus payable to Smith or bearer, or to him 
or his order, is called negotiable, because it may be sold or 
transferred to any other person, who has the same power 
to sue for and collect the money, as Smith, the original 
promisee. If it were made payable to Smith or order, he 
must indorse it by writing his name on the back of it, be- 
fore it would pass as a negotiable note. The indorsement 
is considered as the order of Smith to the maker to pay it 
to any other person. But, though not negotiable, it might 
be transferred ; but the holder must sue in the name of 
Smith, and Brown might offset any demands which he has 
against Smith. 

§ 3. An indorsement, made by writing the name only on 
the back of a note, is called a blank indorsement. A full 
indorsement is one which points out the person to whom 
the note is to be paid. A blank indorsement may be filled 
up at any time by the holder. For example : A note is 
payable to " John Jay or order," or to " the order of John 
Jay," who indorses it in blank which makes it payable to 
any other holder. Now if any holder or indorsee wishes it 
paid to any particular person, he fills up the blank by 
wriling a request to that effect above the name of the in- 
dorser, thus : " Pay to George Bruce," or " Pay to George 
Bruce or order ;" who, again, may by indorsement order it 
paid to some particular person. Or, if he should indorse it 
in blank, or order it paid " to the bearer? it would again 
pass, as at first, by mere delivery. 

§ 4. In common business transactions in the country, 
notes intended to be negotiable are usually made payable 
to hearer, as in the form given. (§ 1.) The young reader, 
or other person inexperienced in business, may not know 
why they are not always so written. The making of a 
note payable to order protects the holder or owner in case 
the note should be lost. Take, for example, the note sup- 

§ 2. What is the effect of inserting " or bearer," or, " or order ?" If pay- 
able to order, how is it made negotiable 1 Why is a note called negotiable 7 
If not negotiable how is it to be sued ? § 3. What is a blank indorsement? A 
full indorsement 1 What is sometime?! done in caso of a blank indorse tnent ? 



Chap LX.J COMMON AND STATUTORY LAW 200 

posed in the preceding section, indorsed in blank. Suppose 
the owner resides in Buffalo, and the maker in Detroit. 
The owner writes over the name of John Jay, " Pay to 
George Bruce," also residing in Detroit, to whom it is sent 
by mail, to be by him presented to the maker for payment. 
And should the note by accident or fraud fall into the hands 
of another, it being payable to Bruce only, or to his order, 
the parties are protected from loss. 

§ 5. As a contract is not binding without a valuable con- 
sideration, (Chap. LIV, § 6,) the words "value received" 
are inserted in notes, as evidence of such consideration. 
But where there is no statute requiring the insertion of these 
words, a note is good without them. Whether they are in- 
serted or not, the note is presumed to have been given for 
a valuable consideration ; and the maker, to avoid his ob- 
ligation to pay it, must make it appear that no value was 
received. 

§ 6. A note made by two or more persons may be joint 
or joint or several. When it is written, " We promise to 
pay," it is only a joint note, and all must be sued together. 
If written, " We jointly and severally promise to pay," they 
may be sued either jointly or separately. Also if written 
" I promise to pay," it is treated as a joint and several note. 
A note written, " We promise," and signed, A. B., principal, 
and C. D., security, is the joint note of both ; and if writ- 
ten, " I promise," and signed in the same manner, it is the 
joint and several note of both. 

§ 7. Any person having in possession a negotiable note, 
though a mere agent, is deemed the true owner, and may 
sue it in his own name, without showing title. The bona 
fide holder can recover upon the paper, though it came to 
him from a person who had stolen or robbed it from the 
true owner ; provided he took it innocently in the course 
of trade for a valuable consideration before it was due, and 
with due caution. But if suspicion is cast upon the title 
of the holder, by showing that the instrument has got into 

$ 4 . Show, by example, the benefit of making a note payable to order instead 
of to bearer. § 5. Why are the words " value received" inserted 1 Is a note 
without these words collectable ? § 6. In what different ways may notes signed 
by two or more persons be written, to be joint, or joint or several 7 § 7. By 
whom may a negotiable note be sued 1 In what case can a holder of a note ro- 
p;vu>: upon it, though he received it of a person who had stolen it ? 



210 GOVERNMENT CLASS BOOK. [Chaj LX 

circulation by force or fraud, then the holder must show the 
consideration he gave for it. 

§ 8. Ordinarily, a person can not convey to another a 
valid title to property which is not lawfully his own ; and 
hence the purchaser of stolen goods must give them up to 
the lawful owner. The exception to this rule, in the case 
of promissory notes, seems to be founded in reason and 
good policy. The use of negotiable paper in commercial 
transactions is of great public convenience ; and it is pro- 
per that, for the sake of trade, protection should be given 
to the holder of such paper who receives it fairly in the 
way of business, though it has been paid, if he received it 
before it fell due. 

§ 9. But it is equally material for the interests of trade, 
that the owner should have due protection. Hence if a 
person takes a note from a stranger without inquiring how 
he came by it ; or does not take it in the usual course of 
business, or for some responsibility incurred on the credit 
of the note, he takes it at his peril. But the owner, in or- 
der to place his right to relief beyond question, ought to 
use diligence in apprising the public of the loss of the 
note. 

§ 10. A person buying a note after it has become due, 
takes it at his peril. Although the holder may sue it in his 
own name, the maker may offset any demands which he had 
against the promisee before it was transferred, as in the 
case of notes not negotiable. (§ 2.) But when notes in 
which no day of payment is expressed comes under this 
rule, is a question to be determined by circumstances. In 
New Jersey and Pennsylvania, the words " without defal- 
cation or discount/' or words to that effect, must be insert- 
ed in notes, or they may be met by offsets as notes that are 
bought after due. 

§ 11. A note made payable in some commodity is not 
negotiable. If it is not paid according to the conditions 
therein expressed, the maker becomes liable to pay in cash. 
But in either case, if it passes to a third person, he can sue 

§ 8. To what rule is this an exception ? Why is this exception 1 § 9. On the 
other hnnd. what is required to protect the owner ? What should the owner do ? 
§ 10. What is the risk in buying a note after it has become due ? How is it when 
no day of payment is expressed ? What regulation exists in New Jersey and 
Pennsylvania ? $11. What is the law respecting notes payable in some com- 
modity ? 



Chap. LX.l COMMON AND STATUTORY LA W. 211 

\t only in the name of the promisee or payee; and it maybe 
met by offsets as other notes not negotiable, (§2,) and notes 
bought after due. (.§ 10.) 

§ 12. Notes payable on demand, or in which no time of 
payment is mentioned, are due immediately, and no demand 
of payment is necessary. But a note payable at sight, or at 
a specified time after sight, must be presented for payment 
before it can be sued. If the words " with interest' 7 are 
omitted, interest commences at the time the note becomes 
due. If payable on demand, it will draw interest from the 
time when payment is demanded. 

§ 13. After the day on which a note is made payable, the 
maker has three days in which to make payment, which 
are called days of grace. Hence, a note payable on the first 
day of the month is not due and suable until the fourth. If, 
however, the last day of grace falls on Sunday, or the 
fourth of July, or any other day recognized by law as a 
holiday, or day of public rest, the last day of grace would 
be a day earlier. If the fourth of July or any other holiday 
should come on Saturday, the note would be due on Friday. 
Or if such day should fall on Monday, the last day of grace 
would be Saturday. 

§ 14. To hold the indorser of a note responsible, payment 
must be demanded of the maker on the last day of grace. 
As to the time of day when the demand should be made, it 
is considered that the maker is entitled to the latest con- 
venient time within the customary business hours of the 
place where the note is presented. 

§ 15. If payment has been demanded and refused, notice 
thereof must be given to the indorser ; and one entire day 
is allowed the holder to give the notice. If the demand is 
made on Saturday, it is sufficient to give notice on Monday 
If the indorser resides in the same town, he may bo noti- 
fied personally by the holder, or by a messenger sent to his 
dwelling-house, where notice may be given personally, or 
left in a way likely to bring it to his knowledge. If the 
parties reside in different towns, notice may be sent by 

§ 12. When do notes payable on demand, or in which no time of payment is 
mrntioned, become due and suable ? Notes payable at sight, or after sight 1 If 
the words "with interest" are omitted, when does interest commence ? If pay- 
able on demand, when ? § 13. What are days of grace ? How do they affect a 
note 1 § 14. To bind an indorser, when must payment be demanded ? § 15. 
Tl* payment is refused, how and when is the indorser to be notified ? 



212 GOVERNMENT CLASS BOOK. [Chap. LX 

mail ; in which case, the notice must be put into the post- 
office, as early as the next day after the last day of grace, 
so as to be forwarded as soon as possible thereafter : or 
notice may be sent by a private conveyance or a special 
messenger. 

§ 16. If, in consequence of the removal of the maker be- 
fore the note becomes due, or from any other cause, his resi- 
dence is unknown, the holder must make endeavors to find 
it, and make the demand there ; though, if he has removed 
out of the state, it is sufficient to present the note at his 
former place of residence. If the maker has absconded, 
that will, as a general rule, excuse the demand. 

§17. Notes, on being transferred, are guarantied by in- 
dorsement. If a person simply writes his name on the 
back, he is liable as indorser only. If he guarantees "the 
payment of the note," he is generally considered liable as 
an original promisor. If he guaranties the note " good," 
or " collectable," the maker, and the indorsers also, if any, 
must be sued, before the guarartor is liable. Strict notice 
to a guarantor is not required to bind him, as in the case 
of an indorser. But to hold him liable in case immediate 
notice is not given, or the note is not immediately sued, it 
must be shown that he has not suffered injury from want of 
notice, or that the note was not collectable of the maker or 
indorsers when due. But the kind of liability incurred, 
whether that of indorser, original promisor, or surety, by 
indorsing a note or guarantying payment, is not the same 
in all the states. There are sundry other points in the law 
relating to promissory notes, on which the statutes and 
judicial decisions are not uniform in all the states. 



§ 16. In case tbo maker's residence is unknown, how is payment to be de- 
manded 1 § 17. State the effect of the differont modes of guarantying 
notes. 



Chap. LXI.j COMMON AND STATUTORY LAW. 213 

CHAPTER LXI. 

Bills of Exchange ; Interest ; Usury. 

§ 1. A bill of exchange is a written order or request Ij a 
person in a distant place, to pay a third person a certain 
sum of money. The following is a common form : . 

$1,000. New-York, August 10, 1859. 

Twenty days after date, (or at sight, or ten days after 
sight,) pay to the order of John Stiles, one thousand dollars, 
value received, and charge the same to account of 

To George Scott, Thomas Jones. 

New Orleans, La. 

§ 2. Bills drawn on persons in foreign countries, are call- 
ed foreign bills of exchange ; those drawn on persons in 
distant places in our own country, are called inland bills of 
exchange. To persons in mercantile business they are of 
great convenience, as will be seen from the following ex- 
ample of their nature and operation. 

§ 3. A, in New-York, has $1,000 due him from B, in New 
Orleans. A draws an order on B for that sum, and C, who 
is going to New Orleans, pays A the money, takes the 
order, and receives his money again of B. Thus A is ac- 
commodated by receiving his debt against B, and C has 
avoided the risk of carrying the money from place to place. 
A, who draws the order, or bill, is called the drawer. B, to 
whom it is addressed, is the drawee ; C, to whom it is made 
payable, is the 'payee. As the bill is payable to 0, or his 
order, he may, by indorsment, direct the bill to be paid to 
D ; in which case becomes the indorser, and D, to whom 
the bill is indorsed, is called the indorsee or holder. 

§ 4. If, when a bill is presented to the drawee, he agrees 
to pay it, he is said to accept the bill, and writes his accept* 
ance upon it. An acceptance may, however, be by parol 
The acceptor of a bill is the principal debtor ; the drawer, 
the surety. The acceptor is bound, though he accepted 

Chap. LXI. §1. What is a bill of exchange 1 Give a form. §2. What are 
foreign bills of exchange 1 Inland 1 § 3, Give an example of its operation and 
effect 1 §4. How is a bill accepted ? How is the acceptor Halle 1 How is pay- 
ment doinandod 1 ? 



2H GOVERNMENT CLASS BOOK. [Chan LX1 

without consideration, and for the sole accommodation ol 
the drawer. Tut payment must be demanded on the last 
day of grace ; and, if refused, notice of non-pa} r ment must 
be given to the drawer, as in the case of an indorsed prom- 
issory note. (Chap. LX, § 15.) 

§ 5. No precise time is fixed by law at which bills pay- 
able at sight or a certain number of days after sight, must 
be presented to the drawee for acceptance ; though an un- 
reasonable delay might discharge the drawer. A bill pay- 
able on a certain day after date, need not be presented 
before the day of payment, but if presented before due, and 
acceptance is refused, it is dishonored ; and notice must be 
given immediately to the drawer. If a bill has been accept- 
ed, payment must be demanded of the acceptor, when the 
bill falls due ; and if no place is appointed for payment, the 
demand must be made at his house or residence, or upon 
him personally. 

§ 6. A check upon a bank, (Chap. XXIV, § 3,) is another 
Kind of negotiable paper. It partakes more of the nature 
of a bill of exchange than of a promissory note. It is not 
a direct promise to pay ; but it is an undertaking, by the 
drawer, that the drawee shall accept and pay ; and the 
drawer is answerable only when the drawee fails to pay. 
A check payable to bearer passes by delivery ; and the 
bearer may sue on it as on an inland bill of exchange. 

§ 7. When a foreign bill of exchange is to be presented 
for acceptance or payment, demand is usually made by a 
notary public ; and in case of refusal, his certificate of the 
presentment of the bill and of the refusal, is legal proof of 
the fact in any court. This certificate is called protest, which 
means, for proof. A protest may be noted on the day of the 
demand ; though it may be drawn up in form at a future 
period. Notaries are appointed in all towns and cities o) 
commercial importance. 

§ 8. A protest of an inland bill of exchange is not gen- 
erally deemed necessary in this country ; though it is the 
practice to have bills, drawn in one state on persons in an- 
other, protested by a notary. No protest is legal evidence 

$ 5. When must bills payable at sight, or a certain day after sight, or after 
date, be presented for acceptance ? When presented for payment 1 §6. What 
U the nature of a bank check 1 §7. What is the business of a notary public 1 

Dcif.no i>ro£est. 



.Cfcov. LXI-l COMMON AND STATUTORY LAW. 215 

in court, except in the case of a foreign bill. Yet it is ex 
pedient, in many cases of inland bills, to employ notaries 
when evidence is to be preserved, because they are easily 
found when wanted as witnesses. In some states, bills 
drawn in one state and payable in another, are deemed for* 
eign bills ; and their protest as such is required. Notes 
payable at banks are also protested for non-payment. 

§ 9. Interest is a premium paid for the use of money, or a 
profit per cent, received for money lent, or on an unpaid de- 
mand. Thus a person lends $1,000 to another person, who 
pays for the use of it six per cent, a year, or $6 for every 
hundred, as interest. The rate of interest is fixed by a law 
of the state. 

§ 10. The established lawful rates of interest in the 
several states are as follows : Six per cent, in all but the fol- 
lowing : In New- York, Michigan, Wisconsin, Minnesota, 
seven per cent. ; in Alabama and Texas eight per cent. ; in 
Louisiana, Jive per cent. ; bank interest six; in California, 
ten per cent. But there may be taken by special agreement, 
in Florida and Louisiana, eight per cent. ; in Mississippi, 
Arkansas, Ohio, Missouri, Iowa, ten ; in Texas and Wiscon- 
sin, twelve; in Minnesota and California, any rate. In Illi- 
nois and Michigan, for money loaned, it may be ten. In 
Mississippi, for the bona fide use of money eight per cent. 

§ 11. A rate of interest beyond that which is established 
by law, is usury. Not only can no more be collected on any 
contract or obligation than the legal rate, but in most of 
the states there is some forfeiture for taking usurious inter 
est. In a few, the obligation is void, and the payment of 
no part of the debt can be enforced by law ; in others, 
twice or thrice the excess above the lawful interest is for- 
feited ; and in some, only the excess paid can be recovered. 

§ 8. What is said of protesting inland bills of exchange ? §9. What is inter- 
est 1 § 10. Give the rates of interest in the different states. What is it in this 
state? 4 11. What is usury? What is the forfeiture for taking usury in this 
state! 



218 GOVERNMENT CLASS BOOK. Chap. LXH 

CHAPTER LXII. 

Crimes and Misdemeanors. 

§ 1. The statutes of each state define the crimes of which 
vts laws take cognizance. The definitions given in this 
chapter, agree substantially, it is presumed, with those of 
similar crimes in every state in the union. The statutes 
also prescribe the penalties, which are not precisely the 
same in all the states. Nor is there in any state an equal 
measure of punishment inflicted in all cases for the same 
offense. The laws usually declare the longest and the 
shortest terms of imprisonment, and the highest and low- 
est fines, leaving the exact measure of punishment, except 
for crimes punishable by death, to the discretion of the 
: udges, to be fixed according to the aggravation of the 
offense. 

§ 2. The laws of the several states differ in respect to 
the number of crimes made punishable by death. In some 
states the penalty of death is annexed to the crime of mur- 
der only. Treason is punishable by death ; but as this 
offense is defined and made punishable by the laws of the 
United States, not all the states take cognizance of it. If 
committed in such states, it is tried in the courts of the 
United States. In New York, murder, treason, and arson 
in the first degree, are punishable by death. Few states 
make more than these crimes thus punishable. In two or 
three states, the penalty of death has been abolished, and 
imprisonment for life substituted. 

§ 3. Crimes punishable by death, are called capital crimes, 
and their punishment is called capital punishment. The 
word capital is from the Latin caput, whick means head ; 
and so has come to signify the highest or principal. Hence, 
probably, the application of the word capital to the princi- 
pal crimes receiving the highest punishment, which was 

Chap. LXII. § 1. Are the penalties for crimes the same in all the states ? Is 
the measure of punishment always the same for the same offense, in any state 1 
Who fixes the measure of punishment 1 § 2. What crimes are punishable by 
death in this state 7 § 3. Why aro crimes pnninhablo by death called capital 
crimes 7 Define capitil. 



Chap. LXIL] COMMON AND STATUTORY LAW. * 21 ? 

formerly practiced extensively in other countries by behead 
ing or decapitating the criminals. 

§ L Treason is defined by statute to be, levying war in 
any state against the people of the state ; or a combination 
of two or more persons, attempting by force to usurp or 
overturn the government of the state ; or in adhering to 
enemies of the state while separate^'" engaged in war with 
a foreign enemy, and giving them aid and comfort. 

§ 5. Murder is the killing of a person deliberately and 
maliciously, and with intent to effect death ; or killing a 
person in committing some other crime, though not with a 
design to effect death ; or in killing a person purposely and 
without previous deliberation. The less aggravated cases 
of murder, are in some states distinguished as murder in 
the second degree, and punished by imprisonment for a long 
term, or for life. 

§ 6. Manslaughter is killing a person either upon a sud- 
den quarrel, or unintentionally while committing some un- 
lawful act. The statutes of New York define four different 
degrees of manslaughter. 

§ ?. Arson is maliciously burning any dwelling-house, 
shop, barn, or any other building, the property of another. 
Arson in the first degree, which is burning an inhabited 
dwelling in the night time, is in some states punishable with 
death. 

§ 8. Homicide signifies mankilling. It is of three kinds : 
felonious, justifiable, and excusable. When felonious, it is 
either murder or manslaughter. Justifiable homicide is that 
svhich is committed in the necessary defense of one's per- 
son, house, or goods, or of the person of another when in 
danger of injury ; or that which is committed in lawfully 
attempting to take a person for felony committed, or to 
suppress a riot, or to keep the peace. Excusable homicide 
is the killing of a person by accident, or while lawfully em- 
ployed, without any design to do wrong. In the two last 
cases there is no punishment. 

§ 9. Intentionally maiming another by cutting out or dis- 

§ 4. Define treason. § 5. What is murder ? Are there different degrees o» 
murder in this state 7 §6. Define manslaughter. How many degrees of man- 
slaughter in this state ? § 7. What is arson ? Define arson in the first degree. 
How is this degree punishable in this state 1 § 8. What is homicide 1 When 
V3 itfelonnuj 7 What i? justifiable and excusable homicido ^ 

10 



213 GOVERNMENT CLASS BOOK. [Chap. LXIL 

abling the tongue or any other member or limb ; inveigling 
or kidnapping ; decoying and taking away children ; exposing 
children in the street to abandon them • committing or at- 
tempting an assault with intent to kill, or to commit any 
other felony, or in resisting the execution of a legal pro- 
cess ; administering poison without producing death ; poison* 
ing any well or spring of water ; are all felonies, and punish- 
able as such. 

§ 10. Burglary is maliciously and forcibly breaking into 
and entering in the night time, any dwelling-house or other 
building, with intent to commit a crime. Breaking into 
and entering a house by day, is considered a minor degree 
of burglary. 

§ 11. Forgery consists in falsely making, counterfeiting, 
or altering any instrument of writing, with intent to de- 
fraud. The word counterfeiting is generally applied to mak- 
ing false coin or bank notes, or in passing them ; or in 
having in possession any engraved plate, or bills unsigned, 
which are intended to be used for these purposes. 

§ 12. Robbery is the taking of personal property from 
another in his presence and against his will, by violence, 
or by putting him in fear of immediate injury to his person. 
Knowingly to send or deliver, or to make for the purpose 
of being sent, a letter or writing, threatening to accuse any 
one of crime, or to do him some injury, with intent to extort 
or gain from him any money or property, is considered an 
attempt to rob, for which the offender may be imprisoned. 

§ 13. Embezzlement is fraudulently putting to one's own 
use what is intrusted to him by another. To buy or receive 
property knowing it to have been embezzled, is to be guilty 
of the same offense. Embezzling is usually punishable in 
the same manner as larceny of the same amount. 

§ 14. Larceny is theft or stealing. The stealing of prop- 
erty above a certain amount in value is called grand larceny, 
and is a state prison offense. If the value of the property 
stolen is of less amount, the offense is called petit larceny t 
and is punished by fine or imprisonment in jail or both. 

$ 9. What is maiming? Kidnapping? What other crimes are here mentioned 
as felonies ? § 10. What is burglary ? Why is the crime deemed greater when 
committed in the night time ? § 11. Define forgery and counterfeiting ? § 12. Define 
robbery, and an attempt to rob. <$ 13. What is embezzlement? How is it pun- 
ishable ? $ 14. What \s larceny ? What is £ra/ui, and what is pe'-ii 1 ireeny '? 



Cbap LXII.J COMMON AND STATUTORY LAW. *Jl9 

§ 15. Perjury is willfully swearing or affirming falsely 
to any material matter, upon an oath legally administered. 
Subornation of perjury is procuring another to swear falsely ; 
punishable as perjury. 

§ 16. Bribery is promising or giving a reward to a public 
officer, to influence his opinion, vote or judgment. A person 
accepting such bribe, is punishable in the same manner, aud 
forfeits his office, and, in some states, may never hold an- 
other public trust. This offense is not in all the states pun- 
ishable by imprisonment in the state prison. 

§ It. Dueling is a combat between two persons with dead- 
ly weapons. Killing another in a duel is murder, and pun- 
ishable with death. If death does not ensue, imprisonment. 
Challenging, or accepting a challenge to fight, or to be 
present as a second, imprisonment. Dueling is not a pun- 
ishable offense in every state. 

§ 18. Aiding or attempting to aid a prisoner committed 
for felony, to escape from confinement, or forcibly rescuing a 
prisoner charged with crime, from the custody of a public 
officer, is a crime. If the offense for which the prisoner is 
committed is less than felony, the punishment is imprison- 
ment in jail, or fine, or both. 

§ 19. Bigamy is the crime of having two or more wives, 
and is also called polygamy. But bigamy literally signifies 
having two wives, and polygamy any number more than one. 
These words, in law, are applied also to women having 
two or more husbands. A person having a lawful husband 
or wife living, and marrying another person, is guilty of 
bigamy. An unmarried person, also, who shall marry the 
husband or wife of another, is punishable in like manner. 

§ 20. Incest is the marrying or cohabiting together as 
husband and wife, of persons related to each other within 
certain degrees. 

§ 21. Opening a grave and removing a dead body for any 
unlawful purpose, or purchasing such body knowing it to 
have been unlawfully disinterred, is a crime. This offense 

§ 15. What is perjury ? What is subornation of perjury 1 § 16. Define bri- 
bery. § 17. What is dueling ? Is dueling murder in this state ? $ 18. Is aid- 
ing a prisoner to escape a crime 1 § 19. What is bigamy 1 What is the differ- 
ence between bigamy and polygamy ? § 20. What is incest ? § 21. In wha 
jase is opening a grave a crime 1 How is it punishable in this state ? 



220 GOVERNMENT CLASS BOOK. ^Ohap. LXIL 

is in some states punishable by imprisonment in a county 
jail, or by fine, and not in a state prison. 

§ 22. Persons sometimes advise or are knowing" to the 
commission of felonies, but are not actually engaged in 
committing them. Such are accessories. He who advises or 
commands another to commit a felony, is called an accessory 
before the fact, and is punished in the same manner as the 
principal. If he conceals the offender after the offense has 
been committed, or gives him any aid to prevent his being 
brought to punishment, he is an accessory after the fact, and 
may be imprisoned or fined. 

§ 23. Assault and Battery is unlawfully to assault or 
threaten, or to strike or wound another. Besides being lia- 
ble to fine and imprisonment, the offender is liable also to 
the party injured for damages. 

§ 24. A riot is the assembling together of three or more 
persons, with iutent forcibly to injure the person or pro- 
perty of another, or to break the peace ; or agreeing with 
each other to do such unlawful act, and making any move- 
ment or preparation therefor, though lawfully assembled 
When riotous persons are thus assembled, and are proceed 
ing to commit offenses, any judge, justice, sheriff, or other 
ministerial officer, may in the name of the state, command 
them to disperse. If they refuse, the peace officers are re- 
quired to call upon all persons near to aid in taking the 
rioters into custody. Persons refusing to assist may be 
fined. 

§ 25. A sheriff or other officer voluntarily suffering a pris- 
oner charged with or convicted of an offense, to escape from 
his custody, is guilty of a misdemeanor. To rescue a pris- 
oner thus charged or convicted, is punishable in a similar 
inanner. It is also a misdemeanor to assist a criminal, 
with a view to effect his escape, though he does not escape 
from jail. 

§ 26. A person taking upon himself to act as a public offi- 
cer, and taking or keeping a person in custody unlawfully 
or without authority, is false imprisonment ; for which the 
offender may be fined or imprisoned. 

§ 22. Who are accessories to crime 1 § 23. Define assault and battery. § 24. What 
is a riot ? How may riots be suppressed 1 § 25. What grade of offense is it for 
m officer to rescue a prisoner or voluntarily to suffer him to escape 7 $ 26. What 
»* fnl-.o ixprisonraent 1 



Chap LXIIL] LAW OF NATIONS 221 

§ 2T. The offenses mentioned in the last four sections, 
being- of a lower grade than those defined in the preceding 
sections, and not being punishable in a state prison, are 
usually called misdemeanors, and are punishable by fine or 
imprisonment in a county jail. There are numerous other 
misdemeanors and immoralities, as profane cursing and 
swearing, betting and gaming, horse racing, disturbing 
religious meetings, sabbath-breaking, trespasses and inj-iry 
to property, and many disorderly practices, alt of which aro 
punishable in a like manner 



LAW OF NATIONS. 



CHAPTER LXIII. 

Origin and Progress of the Law of Nations ; the Natural, Customary, and 
Conventional Laws of Nations. 

§ ? . The law of nations consists of those rules by which 
intercourse between nations is regulated. In its present 
improved state, the law of nations has not long existed. 
Ancient nations were little governed by the principles of 
natural justice. Little respect was paid by one nation to 
the persons and property of the citizens of another. Rob- 
bery on land and sea was not only tolerated, but esteemed 
honorable ; and prisoners of war were either put to death, 
or reduced to slavery. By this rule of national law, com- 
merce was destroyed, and perpetual enmity kept up between 
nations. 

§ 2. Within the last three or four centuries, essential im- 
provement in the law of nations has been made. By the 

h 27. What grade of offense are the four offenses last named ? What oth«.i 
misdemeanors are mentioned in this section 1 Can you naroo any other ' 7 
Chap. LXTII. §1. Of what consists the law of nations 1 What was ite ear" 
character ? 



222 GOVERNMENT CLASS BOOK. [Chap. LXI1I 

light of science and Christianity, tne rights and obligations 
of nations have come to be better understood, and more 
generally regarded. Commerce also has done much to im- 
prove the law, by showing that the true interests of a na- 
tion are promoted by peace and friendly intercourse. 

§ 3. Hence we find the nations of Europe and America 
recognizing the same rules of international law. And as 
the light and power of Christianity shall increase, the law 
of nations will undergo still further improvements. And 
it is to be hoped, that, as one of these improvements, the 
practice of settling national disputes by war will be abol- 
ished, and the more rational and humane course be adopted, 
of referring difficulties which the parties are incapable of 
adjusting, to some disinterested power for adjudication. 

§ 4. There are, in every nation or state, courts of justice tc 
try and punish offenders ; but there is no tribunal before 
which one nation can be brought to answer for the viola- 
tion of the rights of another. Every nation, however 
small and weak, is independent of ever} T other. Therefore, 
when injuries are committed by one upon another, the of- 
fended party, unless it chooses quietly to endure the wrong 
must seek redress, either by appealing to the sense of jus- 
tice of the party offending, or by a resort to force. 

§ 5. Every nation has a right to establish such govern- 
ment as it thinks proper ; and no other nation has a right 
to interfere with its internal policy. To this rule, however, 
some writers make an exception. They hold that the nat- 
ural right of a state to provide for its own safety, gives it 
the right to interfere where its security is seriously endan- 
gered by the internal transactions of another state. But 
it is admitted that such cases are so very rare, that it 
would be dangerous to reduce them to a rule. 

§ 6. So cases seldom arise in which one nation has a 
right to assist the subjects of another in overturning or 
changing their government. It is generally agreed, that 
such assistance may be afforded consistently with the law 
of nations, in extreme cases ; as when the tyranny of a 

4 2. By what means has it been improved ? § 3. What particular further im 
provement is desirable 1 §4. What is said of the independence of nations'; 
{fow, then, is redre?s for injuries obtained ? § 5. What right has a nation in 
respect to its government ? To this rule, what exception do some make 1 



(\.,. r . LXIII.J LAW OF NATIONS. 222 

government becomes so oppressive, as to compel the people 
to rise iu their defense, and call for assistance. When the 
subjects of any government have carried their revolt so fax 
as to have established a new state, and to give reasonable 
evidence of their ability to maintain a government, the 
right of assistance is unquestionable. But it is not clear 
that, prior to this state of progress in a revolution, the 
right to interpose would be justifiable. 

§ 7. There is a sense, however, in which nations are not 
wholly independent. Mankind in the social state, as we 
have seen, are dependent upon each other for assistance. 
(Chap, 1, § 2.) Such is, in a measure, the mutual depen- 
dence of nations. Although the people of every nation have 
within themselves the means of maintaining their individual 
and national existence, their prosperity and happiness are 
greatly promoted by commerce with other nations. And as 
laws are necessary to govern the conduct of the individual 
citizens of a state, so certain rules are necessary to regulate 
the intercourse of nations. 

§ 8. It has been observed, also, that the law of nature is 
a perfect rule for all moral and social beings, and ought to 
be universally obeyed. Equally binding is this law upon 
nations. It requires each nation to respect thejrights of 
all others, and to do for them what their necessities de- 
mand, and what it is capable of doing, consistently with 
the duties it owes to itself. And the general good of man- 
kind is as really promoted by the application of this law to 
the affairs of nations, as by its application to the affairs of 
individuals. 

§ 9. The law of nature applied to nations or states as 
moral persons, is called the natural law of nations. It is also 
called the necessary law of nations, because nations are moral- 
!y bound to observe it ; and sometimes the internal law of 
nations, from its being binding on the conscience. 

§ 10. Although the law of nature, as expressed in the 
law of revelation, is a correct rule of human conduct ; yet, 
as much of this law consists of general principles from 

§ 6. In what cases may one nation assist nnother in changing : ts government 1 
\ 7. In what respect are nations mutually dependent ? § 8. By what law ought 
all nations to be governed ? What does this law require ] § 9. By what name? 
(s this law when applied to nations or states called 1 Why is it so called ? 



094 GOVERNMENT CLASS BOOR [Chaj LX1.1 

which particular duties can not always be deduced, positive 
human enactments are necessary to define the law of nature 
and revelation. So an important part of the law of nations 
necessarily consists of positive institutions. Hence some 
writers have divided international law under these two 
principal heads : the natural law of nations, and the positive. 

§11. The positive law of nations is founded on usage or 
custom and agreement, and may be considered as properly 
divided into the customary law of nations, and the convention- 
al. The customary law of nations consists of certain maxims, 
or is founded on customs and usages which have been long- 
observed and tacitly consented to by nations, and have 
thereby become binding upon all who have adopted them, 
so far as their observance does not require a violation of 
the law of nature. 

§ 12. A conventional law of nations is one that has been es- 
tablished by a treaty or league. The word convention usual- 
ly signifies an assembly of persons met for some benevo- 
lent, political, or ecclesiastical purpose. It also signifies a 
treaty, or agreement between nations ; and such agreement 
or contract, though made without a formal meeting, is deem- 
ed conventional. 

§ 13. As the law of nature is liable to misconstruction, 
and as the law of usage or custom is vague and uncertain, 
conventional law, because more definite, has been found to 
afford greater security to the rights of commerce. Hence 
the practice, now so common among nations, of regulating 
their intercourse by negotiation. By treaties, the rights of 
the contracting parties are placed beyond dispute. 

§ 14. But it may be said, if each nation is independent oi 
every other, and if there is no constituted authority to en- 
force the fulfillment of treaty stipulations, the rights guar- 
antied by treaties are still insecure. But few governments 
are so devoid of a sense of honor as, by a palpable violation 
of treaty obligations, to incur the odium and condemnation 
of all mankind. Self-respect and the fear of provoking a 
war, have generally proved sufficient incentives to the ob- 
servance of treaties. 

$ 10. For what reasons do some writers divide it into the natural and positive 
laws of nations 1 § 11. Define the positive law of nations. How is it divided t 
Define the customary law of nations. $ 12. What is a conventional law of na 
toons'? Define convention. § 13. What is the advantage of conventional law ) 
{ 1( t Bv what consideration is the observance of treaties induced ? 



Ohap. LXIV.J LAW OF NATIONS. 225 

§ i5. The obligations of nations are sorat times called im* 
perfect. A perfect obligation is one that can be enforced — one 
that exists where there is a right to compel the party on 
whom the obligation rests to fulfill it. An imperfect obliga- 
tion gives only the right to demand the fulfillment, leaving 
the party pledged to judge what his duty requires, and to 
do as he chooses, without being constrained by ancther to 
do otherwise. 



CHAPTER LXIV 



The Jurisdiction of Nations ; their mutual Rights and Obligations ; the Rightj 

of Embassadors, Ministers, &c. 

§ 1. The seas are regarded as the common highway ol 
nations. The main ocean, for navigation and fishing, is open 
to all mankind. Every state, howevet, has jurisdiction at 
sea over its own subjects in its -own public and private 
vessels. The persons on board such vessels are protected 
and governed by the laws of the country to which they be* 
long, and may be punished by these laws for offenses com- 
mitted on board of its public vessels in foreign ports. 

§ 2. The question how far a nation has jurisdiction over 
the seas adjoining its lands, is not clearly settled. It ap- 
pears to be generally conceded, that a nation has a right of 
exclusive dominion over navigable rivers flowing tbiough 
its territory ; the harbors, bays, gulfs, and arms of the sea ; 
and such extent of sea adjoining its territories as is neces- 
sary to the safety of the nation, which is considered by 
some to be as far as a cannon shot will reach, or about a 
marine league. 

§ 3. It is the duty of a nation in time of peace, to allow 

§15. What is a perfect obligation ? An imperfect obligation? Why are the 
obligations of nations called imperfect ? Chap. LXIV. § 1. What rigb^a have 
nations on the seas ? By what laws are persons at sea governed 1 § %. Over 
what waters flowing through its territory has a nation jurisdiction 1 7 wb'if. 
distance on the sea ? 

10* 



226 GOVERNMENT CLASS BOOK. [Chap. LX1V. 

the people of other states a passage over its lands and 
waters, so far as it can be permitted without inconvenience, 
and with safety to its own citizens. Of this the nation is 
to be its own judge. The right of passage is only an im- 
perfect right, because the obligation to grant the right is an 
imperfect obligation. (Chap. LXIII, § 15.) 

§ 4. In general, it is the duty of a nation to allow for- 
eigners to enter and settle in the country. On being ad- 
mitted into a state, the state becomes pledged for their pro- 
tection, and they become subject to its laws ; and in 
consideration of the protection th^y receive, they are oblig- 
ed to aid in defending it, and in supporting its government, 
even before they are admitted to all the rights of citizens. 

§ 5. But no state is bound to shelter criminals fleeing 
into it from a foreign state. They can be tried only in the 
state whose laws they have violated. It is therefore the 
duty of the government to surrender a fugitive on demand 
of the proper authorities of the state from which he fled, if, 
after due examination by a civil magistrate, there shall ap- 
pear sufficient grounds for the charge. The surrender of 
criminals is sometimes provided for in treaties. 

§ 6. The rule whicli makes foreigners amenable to the 
laws of the state in which they remove, does not apply to 
embassadors. They are not responsible to the laws of the 
country to which they are sent, even when guilty of crime. 
When their conduct is dangerous to the government and its 
citizens, all that can be done is, either to deprive them of 
liberty by confinement, or to send them home and demand 
their punishment. As every nation has a right to treat and 
communicate with all others, it ought not to be deprived of 
the services of its representative. Hence, the persons and 
property of all public ministers are held sacred and invio- 
lable. 

§ 1. Embassadors are entitled to the same protection in 
the countries through which they pass in going to, and re 
turning from the government to which they are sent. And 

§ 3. What right hnve other nations to a passage oyer its lands and waters? 
Why is this an imperfect right? § 4. What are the mutual rights and duties of 
a state and foreign immigrants ? § 5. What is its duty in respect to foreign crimi- 
nnls ? § G. What is said of the responsibility of embassadors? For bad con- 
duct, how are they punishable'/ Why are they not amenable to the laws of thr; 
ft >r»ign st;ito ? 



Chap. LXIV.] LAW OF NATIONS. 221 

to insure them a s.*ie passage, some governments have 
jriven them passports to be shown if required. A passport 
is a written license from the authority of a state granting 
permission or safe conduct for one to pass through its ter- 
ritory. Passports, though named in our law, are not known 
in practice, being deemed unnecessary. 

§ 8. If a minister at a foreign court treats the sovereign 
with disrespect, the fact is sometimes communicated to the 
government that sent him, with a request for his recall 
Or, if the offense is a more serious one, the offended sover- 
eign refuses intercourse with him while his master's answer 
is awaited. Or, if the case is an aggravated one, he expels 
him from the country. 

§ 9. Ministers at foreign governments, in their negotia- 
tions or business correspondence with those governments, 
sometimes consider themselves ill treated, and their own 
nation dishonored, and take their leave and return home ; 
••or the minister informs his sovereign, who either recalls 
fiim, or takes such other measure as he thinks the honor 
and interest of his nation demand. 

§ 1©. The peculiar condition of a country, the nature oi 
the business upon which an embassador is sent, or the per- 
sonal character of the embassador, may be such as to justify 
<a government in refusing to receive him. But to preserve 
the friendly relations of the two countries, satisfactory ex- 
planations ought to be made, or good reasons offered for the 
refusal. 

§ 11. A minister can not bind his sovereign to any treaty 
or agreement, conclusively, under the authority of an ordi- 
nary credential, or letter of attorney. He can not do so 
without a special power, containing express authority so to 
bind his principal. Ministers act under secret instructions 
which they are not bound to disclose. Even the treaties 
signed by plenipotentiaries, (a word signifying full power,) 
are, according to present usage, of no force, until ratified 
by their governments. 

§12. Consuls are not entitled to the privilege enjoyed by 

§ 7. Whit rights have they in countries through which thoy pass * What is 
a passport 1 § 8, How are embassadors dealt with for disrespectful conduct at 
n foreign court 1 § 9. What do ministers do when they are ill-treated ? 4 10 
|f a government, for good cause, refuses to receive a minister, what is its duty i 
$ 1 1 What power ha?, a minister in making treaties 1 



228 GOVERNMENT CLASS BOOK. fCbap. LXV 

ministers, but are subject to the laws of the country ijg 
which they reside. Their principal duties have been de- 
scribed. (Chap. XL, § 9.) The office of consul has beeu 
found to be one of great utility ; hence, every trading na- 
tion has a consul in every considerable commercial 
port in the world. As in the case of ministers, consuls 
carry a certificate of their appointment, and must be ac- 
knowledged as consuls by the government of the country 
in which they reside, before they can perform any duties 
pertaining to their office. 



CHAPTER LXV 



Offensive and Defensive War ; just Causes and Objects of War ; Reprisals ; 
Alliances in War. 

§ 1. Wars are offensive and defensive. The use of force 
to obtain justice for injuries done, is offensive war. The 
making use of force against any power that attacks a na- 
tion or its privileges, is defensive war. A war may be de- 
fensive in its principles, though offensive in its operation. 
For example : one nation is preparing to invade another ; 
but before the threatened invasion takes place, the latter 
attacks the former as the best mode of repelling the inva- 
sion. In this case, the party making the attack acts on the 
defensive. (§10.) The contending parties are called belliger- 
ents. The word belligerent is from the Latin bellum, war, and 
gero, to wage or carry on. Nations that take no part in 
the contest, are called neutrals. 

§ 2. War ought never to be undertaken without the most 
cogent reasons. In the first place, there must be a 
right to make war, and just grounds for making it. Nations 
have no right to employ force any further than is necessa- 
ry for their own defense, and for the maintenance of their 

) 12. To what laws are consuls subject 1 What is their business ? Chap 
LXV. § 1. Define offensive and defensive war. What are the contending par- 
ties called ? Who are neutrals 1 §2. What are the proper characteristics n{ a 
Tar? 



Chap. LXV-1 ^AW OP NATIONS. 22 S 

rights. Secondly, it should be made from proper motives, the 
good of the state, and the safety and common advantage 
of the citizens. Hence, there may be, according to the law 
of nations, just cause of war, when it would be inexpedi rx 
to involve the nation in such a calamity. 

§ 3. The numerous objects of a lawful war may be re- 
duced to these three : (1.) To recover what belongs tc as, 
or to obtain satisfaction for injuries. (2.) To provide for 
our future safety by punishing the offender. (3.) To del jnd 
or protect ourselves from injury by repelling unjust at- 
tacks. The first and second are objects of an offensives ar ; 
the third is that of a defensive war. 

§ 4. Injury to an individual citizen of a state, by the 
subjects of another state, is deemed a just cause of war, 
if the persons offending, or the government of the staid to 
which they belong, do not make reparation for the injury ; 
for every nation is responsible for the good behavior of its 
subjects. But, although this would, according to the ) aw 
of nations, afford justifiable cause of war, neither die 
honor nor the true interest of a nation requires that far 
should always be made for so slight a cause. 

§ 5. Generally, the injury sought to be redressed should 
be serious, and satisfaction be demanded and refused, be- 
fore recourse should be had to arms. Where there is a 
question of right between the parties, the government 
making war should have no reasonable doubt of the justice 
of its claim. And even when no such doubt exists, it 
would be the duty of such government to prevent a war, 
if possible, by proposals of compromise. It is believed 
that war ought in no case to be made, until attempts have 
been made to effect an adjustment of difficulties by com- 
promise, or by offers to submit them for arbitration. 

§ 6. One of the means by which satisfaction is sought 
without making war, is that* of reprisals. (Chap. XXXVT, 
S 4, 5.) If a nation has taken what belongs to another, or 
refuses to pay a debt, or to make satisfaction for an injury, 
the offended nation seizes something belonging to the for- 
mer or to her citizens, and retains it, or applies it to her own 



§ 3. What are objects of a lawful war 1 §4. When is a personal injury tc 
the citizens of one state by those of another deemed just cause of war / $ 5 
What ought; a government to do before resorting to war tc redress injuries '? 



g30 GOVERNMENT CLASS BOOK. [Cfcap. LXV 

advantage, till she obtains satisfaction : and when there 
shall be no longer any hope of satisfaction, the effects thus 
seized are confiscated. To confiscate is to adjudge property 
to be forfeited, and to appropriate it to the use and benefit 
of the state. But as the loss in this case would fall upon 
unoffending citizens, it is the duty of their government to 
grant them indemnity. 

§ 7. But to justify reprisals by the law of nations, the 
grounds upon which they are authorized must be just and 
well ascertained. If the right of the party demanding sat- 
isfaction is doubtful, he must first demand an equitable ex- 
amination of his claim, and next be able to show that jus- 
tice has been refused, before he can justly take the matter 
into his own hands. He has no right to disturb the peace 
and safety of nations on a doubtful pretension. But if the 
other party refuses to have the matter brought to the proof, 
or to accede to any proposition to terminate the dispute in 
a peaceable manner, reprisals become lawful. 

§ 8. By treaties of alliance, nations sometimes agree to 
assist each other in case of war with a third power. It is 
a question not clearly settled, whether the government that 
is to afford the aid is bound to do so when it deems the war 
to be unjust. The reasonable conclusion seems to be, that, 
in cases simply doubtful, the justice of the war is to be pre- 
sumed ; and the government pledging its aid is bound to 
fulfill its engagement. The contrary doctrine would fur- 
nish a nation with too ready a pretext for violating its 
pledge. In cases only of the clearest injustice on the part 
of its ally, can a nation rightfully avoid a positive engage- 
ment to afford assistance. 

§ 9. But when the object of the war is hopeless, or when 
the state under such engagement would, by furnishing the 
assistance, endanger its own safety, it is not bound to ren- 
der the aid. But the danger must not be sligut, remote, or 
uncertain. None but extreme cases would afford sufficient 
cause for withholding the promised assistance. 

§ 10. When the alliance is defensive, the treaty binds 



§ 6. How is satisfaction sometimes sought without making war ? How are re- 
prisals made 1 Define confiscate. § 7. To justify reprisals, what is necessary 1 
§ 8. How far is a nation bound by a treaty of alliance to assist another in war 1 
\ 9. In what oases is it not bound to render the aid ? 



Chap. LXVI.l LAW OF NATIONS. 231 

each party to assist the other only when engaged in a de- 
fensive war, and unjustly attacked. By the conventional 
law of nations, the government that first declares, or actu- 
ally begins the war, is considered as making offensive war ; 
and though it should not be the first actually to apply force, 
yet if it first renders the application of force necessary, it 
is the aggressor ; and the other party, though the first to 
apply force, is engaged in a defensive war. (§ 1.) 



CHAPTER LXYI. 



Declaration of War ; its Effect upon the Person and Prop3rty of the Enemy's 
subjects ; Stratageaas in War ; Privateering. 

§ 1. When a nation has resolved on making war, it is 
usual to announce the fact by a public declaration. In 
monarchical governments, the power to declare war, which 
of course includes the right of determining the question 
whether it shall be made, is vested in the king. In the 
United States, this power is, by the constitution, given to 
the representatives of the people, for reasons elsewhere 
stated. (Chap. XXXVI, § 3.) 

§ 2. It was usual, formerly, to communicate a declara- 
tion of war to the enemy. According to modern practice, 
a formal declaration to the enemy is not required. Any 
manifesto or paper from an official source, announcing that 
the country is in a state of war, is considered sufficient. 
The recalling of a minister has alone been regarded as a 
hostile act, and followed by war, without any other declara- 
tion. But such cases have not been frequent. Under or- 
dinary circumstances, the recall of a minister is not an 
offensive act. 

§ 3. The government of a state acts for and in behalf of 
all its citizens ; and its acts are binding upon all. Hence, 

§ 10. What if the alliance is defensive ? Is the government that first applies 
force always the aggressor 1 Chap. LXVI. § I. How is war usually announc- 
ed ? By what authority ? § 2. Is a declaration communicated to the enemj' \ 
What is deemed sufficient? 



£32 GOVERNME T CLASS LOOK. [Chap. LXV1 

when war is declared, it is not merely a war between the 
two governments ; all the subjects of the government de- 
claring it become enemies to all the subjects of that against 
which it is declared. 

§ 4. Whether, on the occurrence of a war in any state, the 
subjects of the enemy found within the state may be detained 
as prisoners of war, and their movable property confisca- 
ted ; or whether they are entitled to a reasonable time to re- 
tire with their effects, is a question upon which writers of 
public law are not agreed. Few civilized nations, at the 
present day, would deny such persons a reasonable time to 
retire with their property. Of houses and lands, all admit 
that only the income is subject to confiscation. The 
orivilege spoken of, instead of being left to uncertainty, is 
low, with great propriety, generally secured by treaty. 

§ 5. When war is declared, all intercourse between the 
two countries at once ceases. All trade between the citi- 
zens, directly or indirectly, is strictly forbidden ; and all 
contracts with the enemy made during the war are void. 

§ G. Although a state of war makes all the subjects of 
one nation enemies of all those of the other, they cannot 
lawfully engage in offensive hostilities without permission 
of their government. If they have no written commission 
as evidence of such permission, and if they should be taken 
by the enemy, they would not be entitled to the usual mild 
treatment which other prisoners of war receive, but might 
be treated without mercy as lawless robbers and banditti. 

§ 7. As the object of a just war is to obtain justice, a 
nation, when it has declared war, has a right to use all ne- 
cessary means, and no other, for attaining that end. A just 
war gives the right to take the life of the enemy ; but there 
ci re limits to this right. If an enemy submits, and lays 
down his arms, we can not justly take his life. And justice 
and humanity forbid that women, children, feeble old men, 
and sick persons, who make no resistance, should be mal- 
treated. 

§ 3. When war is declared, who are involved in it 1 § 4. How does war in a 
state affect the persons and property of the enemy's. subjects found within sucb 
state ? § 5. How is trade between the two countries affected by the war? § G. 
What is necessary to make offensive hostilities lawful? In what case would 
such permission be beneficial ? § 7. How far does a just war give the right fct: 
take the life of the enemy ? 



Chap. LXVL] LAW OF NATIONS. 233 

§ 8. Prisoners of war are not tc be treated with cruelty. 
They may be confined, and even fettered, if there is reason 
to apprehend that they will rise against their captors, or 
make their escape. Prisoners of war are detained to pre- 
vent their returning to join the enemy, or to obtain from 
their government a just satisfaction as the price of their 
liberty. Prisoners may be kept till the end of the war. 
Then, or at any time during the war, the government may 
exchange them for its own soldiers taken prisoner by the 
enemy ; or a ransom may be required for their release. It 
is the duty of the government to procure, at its own ex- 
pense, the release of its citizens. 

§ 9. Ravaging a country, burning private dwellings, or 
otherwise wantonly destroying property, is not justifiable, 
except in cases of absolute necessity. But all fortresses, 
ramparts, and the like, being appropriated to the purposes 
of war, may be destroyed. 

§ 10. Stratagems and deceit to obtain advantage of an 
enemy, are, to some extent, justified by the law of nations ; 
but in general they are dishonorable and wrong. 

§ 11. Spies are sometimes sent among an enemy, to dis- 
cover the state of his affairs, to pry into his designs, and 
carry back information. This is a dishonorable office 
spies, if detected, are condemned to death. 

§ 12. The rights of a nation in war at sea are essential- 
ly different from those in war upon land. The object of a 
maritime war is to destroy the commerce and navigation 
of the enemy, with a view of weakening his naval power. 
To this end, the capture or destruction of private property 
is necessary, and is justified by the law of nations. Hence, 
for the purpose of attack as well as defense, every nation 
of considerable power or commercial importance, keeps a 
navy ^ consisting of a number of war vessels, ready for ser- 
vice. 

§ 13. Besides these national ships of war, there are 
armed vessels owned by private citizens, and called priva- 



$ How are prisoners of war to be treated ? What is said about the exchange 
and ransom of prisoners 1 § 9. What kinds of property may not, and Avhat may, 
be destroyed? § 10. What is said of stratagems'? § 11. Of spies'? § 12. In 
what kind of war is the destruction of private property lawf al ? On what 

ground 1 






234 GOVERNMENT CLASS BOOK. [Chap. LXVI1 

teers. Their owners receive from the government a commis- 
sion to go on the seas, and to capture any vessel of the 
enemy, whether it is owned by the government or by private 
citizens, or whether it is armed or not. And to encourage 
privateering, the government allows the owner and crew of 
a privateer to keep the property captured as their own. 

§ 14. To prevent the abuse of this right, the owners arc 
required to give security, that the cruise shall be conduct- 
ed according to instructions and the usages of war ; that 
the rights of neutral nations shall not be violated ; and that 
the captured property shall be brought in for adjudication. 

§ 15. When a prize is brought into a port, the captors 
make a writing, called libel, stating the facts of the capture, 
and praying that the property may be condemned ; and 
this paper is filed in the proper court. If it shall be made 
to appear that the property was taken from the enemy, the 
court condemns the property as prize, which is then sold, 
and the proceeds are distributed among the captors. 

§ 16. All prizes, whether taken by a public or private 
armed vessel, primarily belong to the sovereign ; and no 
person has any interest in a prize, except what he receives 
from the state : and due proof must in all cases be made 
before the proper court, that the seizure was lawfully made. 
In this country, prizes are proved and condemned in a dis- 
trict court of the United States, which, when sitting for 
that purpose, is called a prize court. 



CHAPTEE LXVII 



Rights and Duties of Neutral Nations ; Contraband Goods ; Blockade ; Right of 
Search ; Safe Conducts and Passports ; Truces ; Treaties of Peace. 

§ 1. A neutral nation is bound to observe a strict impar- 
tiality toward the parties at war. If she should aid one 

§ 13. What are privateers ? What are their owners authorized to do ? How 
is privateering encouraged ? § 14. How is the abuse of this right prevented 1 
§ 15. State the proceedings of the captors and the court, in cases of capture! 
\ 1G Who has the primary right to all prizes ', How do the citizens get an^ 
interest in them ? 



Ciiap. LXVIL] LAW OF NATIONS 235 

party to the injury of the other, she would be liable to be 
herself treated as an enemy. A loan of money to one of 
the belligerents, or supplying him with other means of 
carrying on a war, if done with the view of aiding him in 
the war, would be a violation of neutrality. But an en- 
gagement made in time of peace to furnish a nation a cer- 
tain number of ships, or troops, or other articles of war*, 
may afterward, in time of war, be fulfilled. 

§ 2. A nation is not bound, however, on the occurrence of 
a War, to change its customary trade, and to cease supply- 
ing a belligerent with articles of trade which such bellige- 
rent was wont to receive from her, although the goods may 
afford him the means of carrying on the war. So if a na- 
tion has been accustomed to lend money to another for in- 
terest, and the latter should become engaged in war with 
a third power, the neutral would not break her neutrality 
if she should continue to lend her money. The wrong in 
any case lies in the intention to aid one to the detriment of 
the other. 

§ 3. This rule, it is believed, is universally admitted in 
cases of belligerents going themselves to a neutral country 
to make their purchases. But whether a neutral nation is 
at full liberty to carry the goods in the cases mentioned, is 
not so certain. A nation in a just war has a right to de- 
prive her enemy of the means of resisting or injuring her, 
and therefore may lawfully intercept every thing of a war- 
like nature which a neutral is carrying to such enemy. 

§ 4. Articles which a neutral nation is not allowed to 
carry to an enemy, are called contraband goods. What 
these are, it is impossible to say with precision, as some 
articles may in certain cases be lawfully carried, which 
would be justly prohibited under other circumstances. 
Among the articles usually contraband, are arms, ammuni- 
tion, materials for ship-building, naval stores, horses, and 
sometimes even provisions. 

' § 5. Contraband goods, when ascertained to be such, 
are confiscated to the captors as lawful prize. Formerly 

Chap. LXVIL § 1. To what is a neutral nation bound 1 What kind of aid 
to nn enemy is unlawful 1 § 2. How is the trade of a neutral affected by war ? 
With what may she still supply a belligerent ? § 3. What is said of the right 
of a neutral to carry the gouds in such cases ? §4. What are prohibited articles 
•ailed 1 What goods are contraband 1 



236 GOVERNMENT CLASS BOOK. [Chap. LXVU 

the vessel also was liable to be condemned and confiscated ; 
but the modern practice, it is said, exempts the ship, unless 
it belongs to the owner of the contraband articles, or the 
carrying of them is connected with aggravating circum- 
stances. 

§ 6. One of the rights of a belligerent nation which a 
neutral is bound to regard, is the right of blockade. Block- 
ade is a blocking up. A war blockade is the stationing of 
ships of war at the entrance of an enemy's ports, to prevent 
all vessels from coming out or going in. The object of a 
blockade is to hinder supplies of arms, ammunition, and 
provisions from entering, with a view to compel a surren- 
der by hunger and want, without an attack. A neutral 
vessel attempting to enter or depart, becomes liable to be 
seized and condemned. Towns and fortresses also may be 
shut up by posting troops at the avenues. 

§ 7. A simple decree or order declaring a certain coast 
or country in a state of blockade, does not constitute a 
blockade. A force must be stationed there, competent to 
maintain the blockade, and to make it dangerous to enter. 
And it is necessary that the neutral should have due notice 
of the blockade, in order to subject his property to condem- * 
nation and forfeiture. According to modern usage, if a 
place is blockaded by sea only, trade with it by a neutral 
nation may be carried on by inland communication. And 
a neutral vessel, loaded before the blockade was establish- 
ed, has a right to leave the port with her cargo. 

§ 8. To prevent the conveyance of contraband goods, the 
law of nations gives a belligerent nation the right of search; 
that is, the right, in time of war, to search neutral vessels, 
to ascertain their character, and what articles are on board. 
A neutral vessel refusing to be searched by a lawful cruiser, 
would thereby render herself liable to condemnation as 
a prize. Private merchant vessels only are subject to 
search ; the right does not extend to public ships of war. 

§ 9. The property of an enemy found on board of a neu- 
tral vessel, may be seized, if the vessel is beyond the limits 

• 

\ 5. What is done with contraband goods ? In what cases is the vessel also 
confiscated '?- § 6- What is a blockade ? Its object 1 How does it affect neu- 
trals 1 § 1. What is necessary to a lnwful blockade ? In case a place is 
blockaded by sea only, how may trade be carried on with it 1 §8. What is the 
right of search ? What vessels aro subject to search 1 






Chap. LXVIL] LAW OF NATIONS. 237 

of the jurisdiction of the nation to which she belongs j 
but the vessel is not confiscated ; and the master is enti- 
tled to freight for the carriage of the goods. The property 
of neutrals found in an enemy's vessels, is to be restored to 
the owners. 

§ ] 0. A neutral is forbidden by the law and practice of 
nations, to permit a belligerent to arm and equip vessels of 
war within her forts. Nor may the citizens of a nation fit 
out any vessel, or enlist, to go beyond the limits of their 
own country to assist any people in war against another 
with whom they are at peace. 

§ 11. It is sometimes agreed to suspend hostilities for a 
time. If the agreement is only for a short period, for the 
purpose of burying the dead after battle, or for a parley 
between the hostile generals ; or if it regards only some 
particular place, it is called a cessation or suspension of 
arms ; if for a considerable time, and especially if general, 
it is called a truce. By a partial truce, hostilities are sus- 
pended in certain places, as between a town and the gen- 
eral besieging it ; and generals ^m' n power to make such 
truces. By a general truce, hostilities are to cease gener- 
ally, and in all places, and are made by the governments 
or sovereigns. Such truces afford opportunities for nations 
to settle their disputes by negotiation. 

§ 12. A truce binds the contracting parties from the time 
it is made ; but individuals of the nation are not responsi- 
ble for its violation before they have had due notice of it. 
And for all prizes taken after the time of its commence- 
ment, the government is bound to make restitution. Dur- 
ing the cessation of hostilities, each party may, within his 
own territories, continue his preparations for war, without 
being charged with a breach of good faith. 

§ 13. War is generally terminated, and peace secured, 
by treaties of peace. The manner of making treaties has been 
described. (Chap. XL, § 5.) A treaty of peace puts an 

§ 9. In what case is the property of an enemy in a neutral vessel liable to 
seizure 'I What is done with the property of neutrals found in an enemy's ves- 
sel ? § 10. What may not a neutral permit in her ports 1 What may not her 
citizens do 1 § 11. For what purposes are hostilities sometimes suspended? 
When is the suspension called a suspension of arms 1 In what cases a truce'? 
What is the difference between a partial and a general truce 7 § 12. How aro 
the contracting parties and their citizens affected by a truce ? § 13. How is 
I»eace generally secured ? 



233 GOVERNMENT CLASS BOOK. [Chap. LXVI1 

end to the war, and leaves the contracting parties no right 
to take up arms for the same cause. 

§ 14. The parties to a treaty of peace are bound by it 
from the time of its conclusion, which is the day on which 
it is signed ; but, as in the case of a truce, persons are not 
held responsible for any hostile acts committed Defore the 
treaty was known ; and their government is t)ound to 
order and enforce the restitution of property captured sub- 
sequently to the conclusion of the treaty. 

§ 15. War is sometimes terminated by mediation. A 
friend to both parties, desirous of stopping the destruction 
of human life, kindly endeavors to reconcile the parties 
The friendly sovereign who thus interposes, is called media- 
tor. Many desolating wars might have been early arrested 
in this way, or wholly prevented, had there always been 
among friendly powers a disposition to reconcile contend' 
ing nations. 

§ 14. When do treaties of peace take eiFect between tie parties ° \ IS. Ho* 
it the service of mediation j>ert'un ed ; 



CONSTITUTION OF THE UNITED STATES. 239 



CONSTITUTION OF THE UNITED STATES. 



We, the people of the United States, in order to form a 
more perfect union, establish justice, insure domestic tran- 
quillity, provide for the common defense, promote the gen- 
eral welfare, and secure the blessings of liberty to ourselves 
and our posterity, do ordain and establish this Constitution 
for the United States of America. 

ARTICLE I. 

Section 1. All legislative powers herein granted shall be 
vested in a congress of the United States, which shall con- 
sist of a senate and house of representatives. 

Sec. 2. The house of representatives shall be composed of 
members chosen every second year, by the people of the 
several states ; and the electors in each state shall have 
the qualifications requiste for electors of the most numerous 
branch of the state legislature. 

No person shall be a representative who shall not have 
attained to the age of twenty-five years, and been seven 
years a citizen of the United States, and who shall not. 
when elected, be an inhabitant of that state in which he 
shall be chosen. 

Representatives and direct taxes shall be apportioned 
among the several states which may be included within 
this union, according to their respective numbers, which 
shall be determined by adding to the whole number of free 
persons, including those bound to service for a term of 
years, and excluding Indians not taxed, three-fifths of all 
other persons. The actual enumeration shall be made 
within three years after the first meeting of the congress of 
the United States, and within every subsequent term of ten 
years, in such manner as they shall by law direct. The 
number of representatives shall not exceed one for every 
thirty thousand, but each state shall have at least one repre- 



240 GOVERNMENT CLASS BOOK » 

sentative ; and until such enumeration shall be made, the 
state of New Hampshire shall be entitled to choose three ; 
Massachusetts, eight ; Rhode Island and Providence Planta- 
tions, one; Connecticut, five ; New York, six ; New Jersey, 
four ; Pennsylvania, eight ; Delaware, one ; Maryland, six ; 
Virginia, ten ; North Carolina, Jive ; South Carolina, fine ; 
and Georgia, three. 

When vacancies happen in the representation from any 
state, the executive authority thereof shall issue writs of 
election to fill such vacancies. 

The house of representatives shall choose their speake/ 
and other officers, and shall have the sole power of impeach- 
ment. 

Sec. 3. The senate of the United States shall be com- 
posed of two senators from each state, chosen by the legis- 
lature thereof, for six years ; and each senator shall have 
one vote. 

Immediately after they shall be assembled in consequence 
of the first election, they shall be divided as equally as may 
be, into three classes. The seats of the senators of the first 
class shall be vacated at the expiration of the second year ; 
of the second class at the expiration of the fourth year ; 
and of the third class at the expiration of the sixth year ; 
so that one-third may be chosen every second year ; and if 
vacancies happen, by resignation or otherwise, during the 
recess of the legislature of any state, the executive thereof 
may make temporary appointments, until the next meeting 
of the legislature, which shall then fill such vacancies. 

No person shall be a senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of 
the United States, and who shall not, when elected, be an 
inhabitant of that state for which he shall be chosen. 

The vice-president of the United States shall be president 
of the senate, but shall have no vote, unless they be equal- 
ly divided. 

The senate shall choose their other officers, and also a 
president pro tempore, in the absence of the vice-president, 
or when he shall exercise the office of president of the Unr 
ted States. 

The senate shall have the sole power to try all impeach- 
ments : when sitting for that purpose, they shall be on 
t»ath or affirmation. When the president of the United 



CONSTITUTION OF THE UNITED STATES. 241 

States is tried, the chief-justice shall preside*; and no per- 
son shall be convicted without the concurrence of two- 
thirds of the members present. 

Judgment, in cases of impeachment, shall not extend 
further than to removal from office, and disqualification to 
hold and enjoy any office of honor, trust, or profit, under the 
United States ; but the party convicted shall, nevertheless, 
be liable and subject to indictment, trial, judgment and 
punishment, according to law. 

Sec. 4. The times, places and manner of holding elections 
for senators and representatives, shall be prescribed in each 
state by the legislature thereof ; but the congress may at 
any time, by law, make or alter such regulations, except as 
to the places of choosing senators. 

The congress shall assemble at least once in every year ; 
and such meeting shall be on the first Monday in December 
unless they shall, by law, appoint a different day. 

Sec. 5. Each house shall be the judge of the elections, 
returns and qualifications of its own members ; and a 
majority of each shall constitute a quorum to do business ; 
but a smaller number may adjourn from day to day, and 
may be authorized to compel the attendance of absent mem- 
bers, in such manner, and under such penalties, as each 
house may provide. 

Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the 
concurrence of two-thirds, expel a member. 

Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts 
as may, in their judgment, require secrecy ; and the yeas 
and nays of the members of either house, on any question, 
shall at the desire of one-fifth of those present, be entered 
on the journal. 

Neither house, during the session of congress, shall, with- 
out the consent of the other, adjourn for more than three 
days, nor to any other place than that in which the two 
houses shall be sitting. 

Sec. 6. The senators and representatives shall receive a 
compensation for their services, to be ascertained by law r 
and paid out of the treasury of the United States. They 
shall, in all cases, except treason, felony and breach of the 
peace, be privileged from arrest during their attendance at 



242 GOVERNMENT CLASS BOOR. 

the session of their respective houses, and in going to and 
returning from the same ; and for any speech or debate iii 
either house, the} 7 shall not be questioned in any other place. 

No senator or representative shall, during the time for 
which he was elected, be appointed to any civil office under 
the authority of the United States, which shall have been 
created, or the emoluments whereof shall have been in- 
creased during such time ; and no person holding any office 
under the United States, shall be a member of either house 
during his continuance in office. 

Sec. 7. All bills for raising revenue shall originate in the 
house of representatives ; but the senate may propose, or 
concur with, amendments, as on other bills. 

Every bill which shall have passed the house of repre- 
sentatives and the senate, shall, before it become a law, be 
presented to the president of the United States ; if he ap- 
prove, he shall sign it ; but if not he shall return it, with 
his objections, to that house in which it shall have origi- 
nated, who shall enter the objections at large on their jour- 
nal, and proceed to reconsider it. If after such reconsider- 
ation, two-thirds of that house shall agree to pass the bill, 
it shall be sent, together with the objections, to the other 
house, by which it shall likewise be reconsidered, and, if 
approved by two-thirds of that house, it shall become a law. 
But, in all such cases, the votes of both houses shall be de- 
termined by yeas and nays, and the names of the persons 
voting for and against the bill shall be entered on the jour- 
nal of each house respectively. If any bill shall not be re- 
turned by the president within ten days (Sundays excepted) 
after it shall have been presented to him, the same shall be 
a law, in like manner as if he had signed it, unless the con- 
gress, by their adjournment, prevent its return, in which 
case it shall not be a law. 

Every order, resolution, or vote, to which the concurrence 
of the senate and house of representatives may be necessary, 
(except on a question of adjournment,) shall be presented 
to the president of the United States, and before the same 
shall take effect, shall be approved by him, or, being disap- 
proved by him, shall be repassed by two-thirds of the senate 
and house of representatives, according to the rales anc ? 
limitations prescribed in the case of a bill. 

Sec. 8 The congress shall have power % 



CONSTITUTION OF THE UNITED STATES. 243 

To lay and collect taxes, duties, imposts, and excises to 
pay the debts and provide for the common defense, and gen- 
eral welfare of the United States ; but all duties, imposts, 
and excises shall be uniform throughout the United States : 

To borrow money on the credit of the United States : 

To regulate commerce with foreign nations, and among 
the several states, and with the Indian tribes : 

To establish a uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United 
States : 

To coin money ; to regulate the value thereof, and of 
foreign coin ; and fix the standard of weights and mea- 
sures : 

To provide for the punishment of counterfeiting the secu- 
rities and current coin of the United States : 

To establish post offices and post roads : 

To promote the progress of science and useful arts, by 
securing for limited times, to authors and inventors, the 
exclusive right to their respective writings and discoveries : 

To constitute tribunals inferior to the supreme court : 

To define and punish piracies and felonies committed on 
the high seas, and offenses against the law of nations : 

To declare war ; grant letters of marque and reprisal ; 
and make rules concerning captures on land and water : 

To raise and support armies ; but no appropriation of 
money to that use shall be for a longer term than two 
years : 

To provide and maintain a navy : 

To make rules for the government and regulation of the 
land and naval forces : 

To provide for calling forth the militia to execute the 
laws of the union, suppress insurrections, and repel inva- 
sions : 

To provide for organizing, arming and disciplining the 
militia, and for governing such part of them as may be em- 
ployed in the service of the United States ; reserving to the 
states respectively, the appointment of the officers, and the 
authority of training the militia, according to the discipline 
prescribed by congress : 

To exercise exclusive legislation in all cases whatsoever, 
over such district (not exceeding ten miles square) as may, 
by cession of particular states, and the acceptance of con- 



244 GOVERNMENT CLASS BOOK. 

gress, become the seat of the government of the United 
States, and to exercise like authority over all places pur- 
chased by the consent of the legislature of the state in which 
the same shall be, for the erection of forts, magazines, argen 
als, dock-yards, and other needful buildings : And, 

To make all laws which shall be necessary an d proper 
for carrying into execution the foregoing powers, and all 
other powers vested by this constitution in the government 
of the United States, or in any department or officer thereof. 

Sec. 9. The migration or importation of such persons as 
any of the states now existing shall think proper to admit, 
shall not be prohibited by the congress prior to the year 
one thousand eight hundred and eight ; but a tax or duty 
may be imposed on such importation, not exceeding ten 
dollars for such person : 

The privilege of the writ of habeas corpus shall not bo 
suspended unless when, in cases of rebellion or invasion, 
the public safety may require it. 

No bill of attainder or ex post facto law shall be passed 

No capitation or other direct tax shall be laid, unless in 
proportion to the census or enumeration hereinbefore di- 
rected to be taken. 

No tax or duty shall be laid on articles exported from any 
state. No preference shall be given, by any regulation of 
commerce or revenue, to the ports of one state, over those 
of another ; nor shall vessels bound to or from one state be 
obliged to enter, clear, or pay duties in another. 

No money shall be drawn from the treasury, but in con- 
sequence of appropriations made by law ; and a regular 
statement and account of the receipts and expenditures of 
all public money shall be published from time to time. 

No title of nobility shall be granted by the United States ; 
and no person holding any office of profit or trust under 
them shall, without the consent of the congress, accept of 
any present, emolument, office, or title of any kind what- 
ever, from any king, prince, or foreign state. 

Sec 10. No state shall enter into any treaty, alliance, or 
confederation ; grant letters of marque and reprisal ; coin 
money ; emit bills of credit ; >nake anything but gold and 
silver coin a tender in payment of debts ; pass any bill of 
attainder, ex post facto law, or law impairing the obligation 
of contracts ; or grant any title of nobility. 



CONSTITUTION OF THE UNITED STATES. 245 

.N'j state shall, without the consent of the congress, lay 
any imposts or duties on imports or exports, except what 
may be absolutely necessary for executing its inspection 
laws ; and the net produce of all duties and imposts laid 
by any state on imports or exports, shall be for the use of 
the treasury of the United States ; and all such laws shall 
be subject to the revision and control of the congress. No 
state shall, without the consent of congress, lay any duty 
of tonnage, keep troops or ships of war in time of peace, 
enter into any agreement or compact with another state, or 
with a foreign power, or engage in war unless actually 
invaded, or in such imminent danger as will not admit of 
delay. 

ARTICLE II. 

Section 1. The executive power shall be vested in a pre- 
sident of the United States of America. He shall hold his 
office during the term of four years, and, together with the 
vice-president, chosen for the same term, be elected as fol- 
lows : 

Each state shall appoint, in such manner as the legisla- 
ture thereof may direct, a number of electors equal to the 
whole number of senators and representatives to which the 
state may be entitled in the congress ; but no senator or 
representative, or person holding an office of trust or profit 
under the United States, shall be appointed an elector. 

The electors shall meet in their respective states, and 
vote by ballot for two persons, of whom one at least shall 
not be an inhabitant of the same state with themselves. 
And they shall make a list of all the persons voted for, and 
of the number of votes for each, which list they shall sign 
and certify, and transmit, sealed, to the seat of the govern- 
ment of the United States, directed to the president of the 
senate. The president of the senate shall, in the presence 
of the senate and house of representatives, open all the cer- 
tificates, and the votes shall then be counted. The person 
having the greatest number of votes shall be the president, 
if such number be a majority of the whole number of elec- 
tors appointed ; and if there be more than one who have 
such majority, and have an equal number of votes, then the 
house of representatives shall immediately choose by ballot 



246 GOVERNMENT CLASS BOOK 

one of them for president ; and if no person have a majority, 
then, from the five highest on the list, the said house shall^ 
in like manner, choose the president. But in choosing the 
president, the votes shall be taken by states, the represen- 
tation from each state having one vote ; a quorum for this 
purpose shall consist of a member or members from two- 
thirds of the states, and a majority of the states shall bt 
necessary to a choice. In every case, after the choice of 
the president, the person having the greatest number of 
votes of the electors, shall be the vice-president. But n 
there should remain two or more who have equal votes, 
the senate shall choose from them, by ballot, the vice- 
president. 

[By the 12th article of amendment, the above clause has 
been repealed.] 

The congress may determine the time of choosing the 
electors, and the day on which they shall give their votes, 
which day shall be the same throughout the United States. 

No person, except a natural born citizen, or a citizen of 
the United States at the time of the adoption of this consti- 
tution, shall be eligible to the office of president ; neither 
shall any person be eligible to that office who shall not have 
attained to the age of thirty-five years, and been fourteen 
years a resident within the United States. 

In case of the removal of the president from office, or of 
his death, resignation, or inability to discharge the powers 
and duties of the said office, the same shall devolve on the 
vice-president, and the congress may, by law, provide for 
the case of removal, death, resignation, or inability, both 
of the president and vice-president, declaring what officer 
shall then act as president ; and such officer shall act ac- 
cordingly, until the disability be removed, or a president 
shall be elected. 

The president shall, at stated times, receive for his ser- 
vices a compensation, which shall neither be increased nor 
diminished daring the period for which he shall have been 
elected ; and he shall not receive, within that period, any 
other emolument from the United States, or any of them. 

Before he enter on the execution of his office, he shall 
take the following oath or affirmation : 

" 1 do solemnly swear (or affirm) that I will faithfully 
execute the office of President of the United States ; and 



CONSTITUTION OF THE UNITED STATES. 247 

will, to the best of my ability, preserve, protect, and defend 
the constitution of the United States. 

Sec. 2. The president shall be commander-in-chief of the 
army and navy of the United States, and of the militia of 
the several states, when called into the actual service of 
the United States ; he may require the opinion, in writing, 
of the principal officer in each of the executive departments, 
upon any subject relating to the duties of their respective 
offices ; and he shall have power to grant reprieves and 
pardons for offenses against the United States, except in 
cases of impeachment. 

He shall have power by and with the advice and consent 
of the senate, to make treaties, provided two-thirds of the 
senators present concur : and he shall nominate, and by 
and with the advice and consent of the senate, shall appoint 
ambassadors, other public ministers and consuls, judges of 
the supreme court, and all other officers of the United States 
whose appointments are not herein otherwise provided for, 
and which shall be established by law : but the congress 
may, by law, vest the appointment of such inferior officers 
as they think proper, in the president alone, in the courts 
of law, or in the heads of departments. 

The president shall have power to fill up all vacancies 
that may happen during the recess of the senate, by grant- 
ing commissions which shall expire at the end of their next 
session. 

Se/-!. ,3. He shall from time to time give to the congress 
information of the state of the union ; and recommend to 
their consideration such measures as he shall judge neces- 
sary and expedient. He may, on extraordinary occasions, 
convene both houses, or either of them ; and in case of dis- 
agreement between them, with respect to the time pf ad- 
journment, he may adjourn them to such time as he shall 
think proper. He shall receive ambassadors and other pub- 
lic ministers. He shall take care that the laws be faith- 
fully executed ; and shall commission all the officers of the 
United States. 

Sec. 4. The president, vice-president, and all civil officers 
of the United States, shall be removed from office on im- 
peachment for, and conviction of, treason, bribery, or other 
high crimes and misdemeanors. 



248 GOVERNMENT CLASS BOOK. 



ARTICLE III. 

Section 1. The judicial power of the Uniied States shall 
be vested in one supreme court, and in such inferior courts 
as the congress may, from time to time, ordain and estab- 
lish. The judges both of the supreme and inferior courts, 
shall hold their offices during good behavior ; and shall, at 
stated times, receive for their services a compensation 
which shall not be diminished during their continuance in 
office. 

Sec 2. The judicial power shall extend to all cases in law 
and equity, arising under this constitution, the laws of the 
United States and treaties made, or which shall be made, 
under their authority ; to all cases affecting ambassadors, 
other public ministers, and consuls ; to all cases of admi- 
ralty and maritime jurisdiction ; to controversies to which 
the United States shall be a party, to controversies between 
two or more states ; between a state and citizens of another 
state ; between citizens of different states ; between citi- 
zens of the same state claiming lands under grants of dif- 
ferent states ; and between a state, or the citizens thereof ; 
and foreign states, citizens or subjects. 

In all cases affecting ambassadors, other public ministers 
and consuls, and those in which a state shall be a party, the 
supreme court shall have original jurisdiction. In all the 
other cases before mentioned, the supreme court shall have 
appellate jurisdiction, both as to law and fact, with such 
exceptions, and under such regulations, as the congress 
shall make. 

The trial of all crimes, except in cases of impeachment, 
shall \>e by jury ; and such trial shall be held in the state 
where the said crimes shall have been committed ; but 
when not committed within any state, the trial shall be at 
such place or places as the congress may by law have di- 
rected. 

Sec 3. Treason against the United States shall consist 
only in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person shall 
be convicted of treason, unless on the testimony of two 
witnesses tr the same overt act, or on confession in open 
court 



CONSTITUTION OF THE UNITED STATES. 249 

The congress shall have power to declare the punish- 
ment of treason ; but no attainder of treason shall work 
corruption of blood, or forfeiture, except during the life of 
the person attainted. 

ARTICLE IV. 

Section 1. Full faith and credit shall be given, in each 
state, to the public acts, records, and judicial proceedings 
of every other state. And the congress may, by general 
laws, prescribe the manner in which such acts, records and 
proceedings shall be proved, and the effect thereof. 

Sec. 2. The citizens of each state shall be entitled to all 
the privileges and immunities of citizens in the several 
states. 

A person charged in any state with treason, felony, or 
other crime, who shall flee from justice, and be found in 
another state, shall, on demand of the executive authority 
of the state from which he fled, be delivered up, to be re- 
moved to the state having jurisdiction of the crime. 

No person held to service or labor in one state, under 
the laws thereof, escaping into another, shall, in conse- 
quence of any law or regulation therein, be discharged from 
such service or labor ; but shall be delivered up on claim 
of the party to whom such service or labor may be due. 

Sec 3. New states may be admitted by the congress 
into this union ; but no new state shall be formed or erected 
within the jurisdiction of any other state, nor any state be 
formed by the junction of two or more states, or parts of 
states, without the consent of the legislatures of the states 
concerned, as well as of the congress. 

The congress shall have power to dispose of, and make 
all needful rules and regulations respecting the territory or 
other property belonging to the United States ; and nothing 
in this constitution shall be so construed as to prejudice 
any claims of the United States, or of any particular state. 

Sec. 4. The United States shall guaranty to every state 
in this union, a republican form of government ; and shall 
protect each of them against invasion, and on application 
of the legislature, or of the executive (when the legislature 
lannot be convened) against domestic violence. 



250 GOVERNMENT CLASS BOOK. 



ARTICLE V. 

The congress, whenever two-thirds of both houses shall 
deem it necessary, shall propose amendments to this con- 
stitution, or on the application of the legislatures of two- 
thirds of the several states, shall call a convention for pro- 
posing' amendments ; which, in either case, shall be valid 
to all intents and purposes, as part of this constitution, 
when ratified by the legislatures of three-fourths of the 
several states, or by conventions in three-fourths thereof, 
as the one or the other mode of ratification may be proposed 
by the congress : Provided, that no amendment which may 
be made prior to the year one thousand eight hundred and 
eight, shall in any manner affect the first and fourth clauses 
in the ninth section of the first article ; and that no state, 
without its consent, shall be deprived of its equal suffrage 
in the senate. 

ARTICLE VI. 

All debts contracted, and engagements entered into, be- 
fore the adoption of this constitution, shall be as valid 
against the United States under this constitution, as under 
the confederation. 

This constitution, and the laws of the United States which 
shall be made in pursuance thereof, and all treaties made 
or which shall be made under the authority of the United 
States, shall be the supreme law of the land, and the judges 
in every state shall be bound thereby, anv thing in the 
constitution or laws of any state to the contrary notwith- 
standing. 

The senators and representatives before mentioned, and 
the members of the several legislatures, and all executive 
and judicial officers, both of 'the United States, and of the 
several states, shall be bound, by oath or a-ftirroalion to 
support this constitution ; but no religions test «W-' ev^r 
be required as a qualification to any oliice or &%ih\ua ***v»i 
under the United States. 



CONSTITUTION 01' THE UNITED STATES. 251 



ARTICLE VII. 

The ratification of the conventions of nine states shall be 
sufficient for the establishment of this constitution between 
the states so ratifying the same. 

Done in convention, by the unanimous consent of the states 
present, the seventeenth day of September, in the year of 
iur Lord one thousand seven hundred and eighty-seven, 
and of the Independence of the United States of America, 
the twelfth. In witness whereof we have hereunto sub- 
scribed our names. 

GEORGE WASHINGTON, 
President, and Deputy from Virginia. 

New Hampshire. — John Langdon, Nicholas Gilman. 

Massachusetts. — Nathaniel Gorham, Rufus King. 

Connecticut. — Wm, Samuel Johnson, Roger Sherman. 

New- York. — Alexander Hamilton. 

New Jersey. — William Livingston, David Brearly, William 
Paterson, Jonathan Dayton. 

Pennslyvania. — Benjamin Franklin, Robert Morris, Thomas 
Fitzsimmons, James Wilson, Thomas Mifflin, George Clymer, 
Jared Ingersoll, Gouverneur Morris. 

Delaware. — George Read, Gunning Bedford, Jr., John 
Dickinson, Richard Bassett, Jacob Broom. 

Maryland. — James M'Henry, Daniel of St. Thomas Jenifer, 
Daniel Carroll. 

Virginia. — John Blair, James Madison, Jr. 

North Carolina. — William Blount, Richard Dobbs Spaight, 
Hugh Williamson. 

South Carolina. — John Rutledge, Charles Pinckney, Pierce 
Sutler, Charles Cotesworth Pinckney. 

Georgia. — William Few, Abraham Baldwin. 
Attest : William Jackson, Secretary, 



252 GOVERNMENT CLASi BOOK. 



AMENDMENTS. 



Article 1. Congress shall make no law respecting an es- 
tablishment of religion, or prohibiting the free exercise 
thereof ; or abridging the freedom of speech or of the press ; 
or the right of the people peaceably to assemble, and to pe- 
tition the government for a redress of grievances. 

Art. II. A well regulated militia being necessary to the 
security of a free state, the right of the people to keep and 
bear arms shall not be infringed. 

Art. III. No soldier shall, in time of peace, be quartered 
in any house without the consent of the owner, nor in a time 
of war, but in a manner to be prescribed by law. 

Art. IV. The right of the people to be secure in their per 
sons, houses, papers and effects, against unreasonable 
searches and seizures, shall not be violated ; and no warrant 
shall issue, but upon probable cause, supported by oath or 
affirmation, and particularly describing the place to be 
searched, and the person or things to be seized. 

Art. V. No person shall be held to answer for a capital 
or otherwise infamous crime, unless on a presentment or in- 
dictment of a grand jury, except in cases arising in the 
land or naval forces, or in the militia when in actual service, 
in time of war or public danger ; nor shall any person be 
-subject, for the same offense, to be twice put in jeopardy of 
life or limb, nor shall be compelled, in any criminal case, to 
ue a witness against himself ; nor be deprived of life, lib- 
erty or property, without due process of law ; nor shall pri- 
vate property be taken for public use, without just compen- 
sation. 

Art. VI. In all criminal prosecutions, the accused shall 
enjoy the right to a speedy and public trial, by an impartial 
jury of the state and district wherein the crime shall hav« 
beer, committed, which district shall have been previously 
ascertained by law, and to be informed of the nature and 
cause of the accusation ; to be confronted with the witnesses 
against him ; to have compulsory process for obtaining 



AMENDMENTS. 253 

w itnesses in his favor, and to have the assistance of counsel 
for his defense. 

Art. VII. In suits at common law, where the value in 
controversy shall exceed twenty dollars, the right of trial - 
by jury shall be preserved, and no fact tried by a jury shall 
be otherwise reexamined in any court of the United States, 
than according to the rules of the common law. 

Art. VIII. Excessive bail shall not be required, nor ex- 
cessive fines imposed, nor cruel and unusual punishments 
inflicted. 

Art. IX. The enumeration in the constitution of certain 
rights, shall not be construed to deny or disparage others 
retained by the people. 

Art. X. The powers not delegated to the United States, 
by the constitution, nor prohibited by it to the states, are 
reserved to the states respectively, or to the people. 

Art. XI. The judicial power of the United States shall 
not be construed to extend to any suit in law or equity, 
commenced or prosecuted against one of the United States 
by citizens of another state, or by citizens or subjects of 
any foreign state. 

Art. XII. The electors shall meet in their respective states 
and vote by ballot for president and vice-president, one of 
whom, at least, shall not be an inhabitant of the same state 
with themselves ; they shall name in their ballots the per- 
son voted for as president, and in distinct ballots the per* 
s<m voted for as vice-president, and they shall make distinct 
lists of all persons voted for as president, and of all persons 
voted for as vice-president, and of the number of votes for 
each, which lists they shall sign and certify, and transmit 
sealed to the seat of the government of the United States, 
directed to the president of the senate ;- — the president of 
the senate shall, in the presence of the senate and house of 
representatives, open all the certificates, and the votes shall 
then be counted ; — the person having the greatest number 
of votes for president, shall be the president, if such num- 
ber be a majority of the whole number of electors appointed ; 
and if no person have such majority, then, from the persons 
having the highest numbers, not exceeding three, on the list 
of those voted for as president, the house of representatives 
shall choose immediately, by ballot, the president. But in 
choosing the president, the votes shall be taker by states.. 



254 GOVERNMENT CLASS BOOK. 

the representatives from each state having one vote ; a quo 
mm for this purpose shall consist of a member or members 
from two- thirds of the states, and a majority of all the states 
shall be necessary to a choice. And if the house of repre- 
sentatives shall not choose a president whenever the right 
of choice shall devolve upon them, before the fourth day of 
March next following, then the vice-president shall act as 
president, as in the case of the death or other constitutional 
disability of the president. The pei son having the greatest 
number of votes as vice-president, shall be the vice-presi- 
dent, if such number be a majority of the whole number ot 
electors appointed, and if no person have a majority, then, 
from the two highest numbers on the list, the senate shall 
choose the vice-president ; a quorum for the purpose shall 
consist of two-thirds of the whole number of senators, and a 
majority of the whole number shall be necessary to a choice. 
But no person constitutionally ineligible to the office of pre- 
sident shall be eligible to that of vice-president of the Uni- 
ted States. 

Art. XIII. — Sec. 1. Neither slavery nor involuntary servi- 
tude, except as a punishment for crime, whereof the party shall 
have been duly convicted, shall exist within the United States, 
or any place subject to their jurisdiction. 

Sec. 2. Congress shall have power to enforce this article 
by appropriate legislation. 

Art. XIV. — Sec. 1. All persons born or naturalized in 

the United States, and subject to the jurisdiction thereof, 
are citizens of the United States and of the state wherein 
they reside. No state shall make or enforce p.ny law 
which shall abridge the privileges or immunities of citizens 
of the United States ; nor shall any state deprive any 
person of life, liberty, or property, without due process of 
law, nor deny to any person within its jurisdiction the 
equal protection of the laws. 

Sec. 2. Representatives shall be apportioned among the 
several states according to their respective numbers, count- 
ing the whole number of persons in each state, excluding 
Indians not taxed. But when the right to vote at any 
election for the choice of electors for president and vice- 
president of the United Slates, representatives in Con- 
gress, the executive and judicial officers of a state, or the 



GOVEENMENT CLASS BOOK. 255 

members of the legislature thereof, is denied to any of 
the male inhabitants of such state, being twenty-one 
years of age, and citizens of the United States, or in any 
way abridged, except for participation in rebellion or other 
crime, the basis of representation therein shall be reduced 
in the proportion which the number of such male citizens 
shall bear to the whole number of male citizens twenty- 
one years of age in such state. 

Sec. 3. No person shall be a senator or representative 
in Congress, or elector of president and vice-president, or 
hold any office, civil or military, under the United States, 
or under any state, who, having previously taken an oath, 
as a member of Congress, or as an officer of the United 
States, or as a member of any state legislature, or as an 
executive or judicial officer of any state, to support the 
Constitution of the United States, shall have engaged in 
insurrection or rebellion against the same, or given aid or 
comfort to the enemies thereof. But Congress may, by a 
vote of two-thirds of each House, remove such disability. 

Sec. 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for pay- 
ment of pensions and bounties for services in suppressing 
insurrection or rebellion, shall not be questioned. But 
neither the United States nor any state shall assume or 
pay any debt or obligation incurred in aid of insurrection 
or rebellion against the United States, or any claim for 
loss or emancipation of any slave ; but all such debts, ob- 
ligations, and claims shall be held illegal and void. 

Sec. 5. The Congress shall have power to enforce, by 
appropriate legislation, the provisions of this article. 

Aet. XV.— Sec. 1. The right of citizens of the United 
States to vote shall not be denied or abridged by the 
United States, or by any state, on account of race, color, 
or previous condition of servitude. 

Sec. 2. The Congress shall have power to enforce this 
article by appropriate legislation. 



INDEX. 



Academies and colleges, .... £2 

Accessories to crime, 2*20 

Actions at law, defined, 64 

how commenced, 64 

Adjutant-general, . . . 92 

Administrators, duties of, 179 

Admission of states, 158 

Agent, responsibilities of, 202-204 

Alabama, constitution of, , 259 

Aldermen, duties of, 60 

Aliens, power to pass laws for the naturalization of, 121, 122 

disabilities of, 121 

Alliance, defined, 135 

Alliances, when binding, 230, 231 

by states, prohibited, 135 

Amendments of the constitution, provision for, 160 

Appeals of suits, 68, 69 

Appellant, appellee, defined, ... 69 

Apellate jurisdiction, defined, 70 

Appointment, power of, (see Governor and President.) 

Apprentices and servants, 175, 176 

Aquatic rights, 183, 185 

Aristocracy, defined, 25 

Arkansas, constitution of, 264 

Army, standing, .. 149 

Arrest and examination of offenders, 69 

Arsenals, use of, 92 

Arson, defined, 217 

Assault and battery,. 220 

Assessment and collection of taxes, 76-78 

Assessors, duties of, , 77 

Assignments, 197-199 

Assumption of public debt, 160 

Attachment, suit by, 68 

Attainder of treason, 155 

Attorney, defined, 65 

Attorney, county or state's, 51, 56 

Attorney-general, state, 51 

of United States, ... . 151 

Auditor of state, 51 

county, ....,...,, 56 



258 GOVERNMENT CLASS BOOK. 

Auxiliary executive departments, 147-1 51 

Bail, defined, how taken, G9, 70 

excessive, forbidden, % 165 

Bailment, 200-202 

Ballot, defined, 33 

Bankruptcy, power to pass laws of, 124 

Banks, and their operation,. ..... 86-88 

Belligerent, defined 228 

Betting and gaming, 221 

Bigamy, defined, 219 

Bill, defined, 45 

Bills, passage of, 45-48 

Bills of attainder, by congress, prohibited, 133 

by states, prohibited, 137 

of credit, defined, 136 

passage of, prohibited, 136 

of exchange, 213-215 

blockade, defined, 236 

Body politic, defined, 19, 54 

Bribery, defined 219 

Broker and brokerage, , 204, 205 

Bullion, defined, 125 

Burglary, defined, 218 

Cabinet, defined, *. . . . 147 

officers of, and their powers and duties, 147 

California, constitution of 277 

Canals, construction of, ... . i 82-84 

tolls on, 84 

Canvassing of votes, » 34 

Capital, defined, 41, 216 

Capitation or poll-tax, 76, 77, 133 

Carriers of goods, liability of, 201, 202 

Causes, criminal and civil, defined, 64 

Casting vote, when given, 46 

Challenging voters, 33 

Charges d' affaires, 145 

Charter, defined, 59 

Chattel mortgages, 199 

Cities, villages, &c, . . 59-62 

Citizens, privileges of, in the several states, 157 

Civil government, defined, 17 

mankind fitted for, 17 

Civil society, 17 

Clearance of vessels, 120 

Codicil, defined, , 179 

Coining money, power of, 124 

by states, prohibited, 136 

Collection of taxes, 76-78 

Colony, defined, 95 

Colonies, government of, 95 

Commerce, foreign, regulation of, ♦, . ..114-119 



INDEX. 259 

Commerce^ domestic, power of congress to regulate, 121, 122 

with Indians, , 122 

Commissary-general, 92 

Commissioners, county, duties of, 54 

Committees, legislative, 44, 45 

Common carriers, responsibilities of, 201, 202 

Common council, 60 

Common law, defined, 167 

Commons, house of, , 29 

Common schools, school funds, &c, 79-82 

Commonwealth, defined, 26 

Confederacy, defined, 101 

Confederation, when formed, 97 

nature of, 98, 99, 101, 102 

Confiscate, defined, 230 

Congress, under confederation, how constituted, 97, 102 

Congress under constitution, how constituted, 104-109 

Congress, powers of, (see Powers of Congress,) 

Counterfeiting, defined, 218 

United States coin, power to punish, 125 

Connecticut, constitution of, , .... 244 

Constables, duties of, 58 

Constitution, defined, 27 

objects of, 27 

how formed, 27, 28 

of United States, , 281 

history of. 100 

nature of, 101-104 

how amended, 160 

supremacy of, 161 

ratification of, by the states, 162 

amendments to, 163-166 

Jonsuls, appointment of, 144 

duties of, 145,227, 228 

Contraband goods, 235, 236 

Contracts in general, 189-193 

Contracts of sale, , 193-197 

Contracts, obligation of, not to be impaired, 137 

Controller, or auditor, 51 

Convention, defined, , . 28 

Conventional law of nations, 224 

Copy-rights and patents, power of congress concerning, 126, 127 

\ Coroners, duties of, 55 

Corporation, defined, 54 

Corporations, how formed, 59 

nature and powers of, 59-62 

Corruption of blood, , 155 

Council, legislative, _ 3P 

Counties, origin of, 53, 54 

powers of, 54 

County officers duties of, 54-55 



260 GOVERNMENT CLASS BOOK. 

County commissioners, .... 54 

Courts, justices', 63-70 

county, * 70 

common pleas, 70 

circuit, 70, 71 

oyer and terminer, 71 

supreme, 73 

of appeals, 73 

of chancery or equity, 73, 74 

of probate, 74 

of impeachment, 75, 76 

of United States,., 151, 154 

martial, 92 

Crime, infamous, defined, 31 

Crimes and misdemeanors, . * 216-221 

Criminal suits, defined, 64 

Customs, duties, &c, defined 113 

collection of, 119 

Debt, national, at different periods, 114 

Declaration of war, 231 

Deeds and mortgages, 181-183 

Delaware, constitution of, , , .* 250 

Delegate, defined, 27 

Democracy, defined, , 25, 26 

Deposit fund, U. S., 80 

Deposits in banks, , 87 

Depositary, responsibility of, 200 

Descent of property, of intestates, 179, 180 

Despotism, defined, 25 

Devise of property, 177 

Diplomacy, defined, 148 

District of Columbia, power of congress over, 130 

Dividends, defined, 86 

Domestic relations, laws regulating, 171-177 

Dower, defined, and right of, 183 

Drunkards, contracts made by, when binding, 191 

Dueling, defined, 219 

Duties, imposts, and excises, defined, 113 

power of congress to lay, 113 

of tunnage, states may not lay, 120 

protective, by what authority laid, 116, 117 

Easement, defined, (see Right of Way,) 183 

Education, provision for, &c, V 9 

Elections, time of, how conducted, &c, G2-35 

by plurality, 34-35 

by majority, 34-35 

Electors, qualifications of, 29-31 

(See also Synopsis of the State Constitutions.) 

Electors of president and vice-president, how chosen, 140 

Embassadors, ministers, &c, 144, 145 

their appointment and duties, 144. 145 



INDEX. 281 

Embassadors, rights and powers of, „ 226, 227 

Embezzlement, defined, 218 

Envoys, (see Embassadors.) 

Escapes, persons aiding or permitting, punishable, 220 

Excise, defined, and power to lay, 112, 112 

Execution, issuing and collection of, in justices' courts, 67, 68 

exemption from, 68 

Executive department, state, 36. 48-50 

of the United States, 138-142 

officers of, their appointment and duties,. 147-150 

Executors, powers and duties of, 179 

Ex post facto laws, passage of, prohibited, 133, 137 

Factor or agent, powers and responsibilities of, 202, 203 

False imprisonment, defined, 220 

Federal, defined, .... 101 

Fence-viewers, duties of, 58 

Fee and fee-simple, defined, 182, 186 

Felony, power of congress to define and punish, 128 

Florida, constitution of, 258 

Forgery, defined, ... 218 

Franchise, defined, 31 

Franking privilege, to whom granted, 151 

Fraudulent sales, assignments, &c, 197, 200 

Freedom of speech and of the press, guarantied, 163 

Freehold, freeholder, defined, , 31 

Fugitives from justice, provision for the apprehension of*. 157 

from service, apprehension and return of, 157, 158 

Fund, defined, 79 

Funds, various kinds of, .... 79-81 

Georgia, constitution of, 257 

Government, civil, defined, 17 

different forms of, 23-26 

division of powers of, 35-37 

Governor and lieutenant-governor, election and duties of, 48-50 

Graves, opening of, punishable, 219 

Great Britain, government of, 28, 29 

Habeas corpus, privilege of writ of, guarantied, 132 

Hereditaments, corporeal and incorporeal, defined, 183 

Highways, supervision and oversight of, 58 

Homicide, various kinds of, defined, 217 

Husband and wife, laws regulating the relation of, 171-174 

Idiots and lunatics, contracts by, when binding, 190 

Illinois, constitution of, ...... .... 272 

Impeachment, trial of, 75 

Imposts, duties, and excises, defined, US 

Incest, defined, 219 

Incorporated companies, . . 61 

Independence of the states declared, ? 97 

Indiana, constitution of, . . : . 270 

Indians, power to regulate commerce with, * ., . . . , 12*2 

Indictments, how made ,. ., 7? 



0Q2 GOVERNMENT CLASS BOOR. 

Innkeepers, liability of, 201 

Insurance companies, : 89, 90 

Insurrection and rebellion, defined, ., 90 

Interest, and rates of, in the different states, 215 

Intestates, descent of property of, 179, 180 

Iowa, constitution of 276 

Issue, joining of, in justices' courts, 65 

Issues of fact and of law, defined, 71 

Joining issue in justices' courts, 65 

Judges, appointment of, in the states, 70 

how removable, ...... 76 

(See also Synopsis of the State Constitutions.) 

of the United States courts, appointment of, 144, 146 

Judgment, rendering of, 65 

confession and collection of, in justices' courts, 67, 68 

Judicial department, state, 63-76 

of the United States, 151-154 

Jurisdiction, defined, 64 

original and appellate, defined, 70 

Juries in justices' courts, 66, 67 

grand and petit, - 71 

Jury, right of trial by, secured, 66, 164, 165 

Justices' courts, proceedings of, 64 70 

Justices of the peace, jurisdiction of, 64 

Kentucky, constitution of, 268 

Larceny, grand and petit, defined, 218 

Law, defined, ' 16 

common and statute, defined, 167 

Laws necessity of, - 22 

man fitted for, 17 

political, civil, municipal, defined, 21, 22 

manner of enacting, 43-48 

Laws of nations, defined, 221, 223, 224 

Leases, or estates for life, for years, at will, and by sufferance, rent, 

&c, .'..186-189 

Legislatures, state, how formed, 37-40 

meetings of. 40-43 

organization and officers of; 41-48 

Letters testamentary, and by whom issued, 179 

of administration, and by whom issued, 179 

Libel and slander, law concerning, 168, 1 69 

Liberty, defined, 20, 167 

of speech ar d of the press, secured, 163 

of conscience, '. 19, 170 

Lien, law concerning, 203, 205 

Lieutenant-governor, duties of, 49 

Lords, house, of, 29 

Louisiana, constitution of, 262 

Maiming, defined, 217 

Maine, constitution of, 239 

Ma] , fitted fo • government and laws, ..-.*..,. i .... 16. 17 



INDEX. 263 

Mandatary, responsibility of, =. > 200 

Manifest, defined, 121 

Mankind, fitted for society,. 15, 17 

Manslaughter, defined, 217 

Marque and reprisal, defined, 129 

power to issue letters of, 129 

states may not issue, 136 

Marriage, law concerning, 171 

Maryland, constitution of, 252 

Massachusetts, constitution of, 242 

Masters, apprentices, and servants, 175-177 

Mayor, election and duties of, 60 

Michigan, constitution of, 273 

Militia, regulation of, 90-92 

Ministers, public, their appointment and duties, 144, 145 

privilege and powers of, 145, 227 

Minors, rights and liabilities of, 175 

Minnesota, constitution of, * 278 

Mints of the United States, 125 

Misdemeanors, defined, 64, 221 

Mississippi, constitution of, 260 

Missouri, constitution of. 265 

Monarchy, defined,. .... ,. 24, 25 

Money, power of congress to borrow, 114 

power of congress to coin, 124 

coining of, by states, prohibited, 136 

how borrowed, 84 

Moral, defined, 16 

' law, defined, 21 

Mortgages, land, nature of, 182 

chattel, 199 

Murder, defined, 217 

Nation and state, defined, 17 

Nations, jurisdiction of, 225 

rights and obligations of, 226-228 

Naturalization, power to pass laws concerning, 122, 123 

Navigation, regulation of, .- 119-121 

acts of Great Britain, , 99 

Navy department, when established, 148 

Negative, or veto, defined, , 47 

Neutral nations, rights and duties of, 228, 234-237 

New Hampshire, constitution of, 240 

New Jersey, constitution of, 247 

New York, constitution of, 245 

New states, power of congress to admit. 158 

Nonsuit, judgment of, '. 66 

North Carolina, constitution of, 255 

Notaries public, duties of, 214 

Notes, promissory, 207-212 

Oaths of office, „ 161 

test, forbidden,., 161 



2G4 GOVERNMENT CLASS BOOK. 

Obligation* of contracts, may not be impaired, 137 

Obligations of nations, , . 225 

Offenders, arrest of and examination, 69 

Offenses against the law of nations, power to define, \2h 

Ohio, constitution of, 269 

Overseers of highways, duties of 58 

of poor, duties of, 58 

Pardon and reprieve, power of, . . 49, 143 

Parent and child, law concerning, 174, 175 

Parliament, how formed, 29 

Parol contracts, defined, 190 

Partnership, law concerning, 205, 207 

Passports, defined, 120, 1 21 

Patents and copy-rights, how secured, . . 126, 127 

Patriarch, defined, 23 

Pawnee, liability of, 201 

Peace, treaties of, 237, 238 

Pennsylvania, constitution of,. . . n 248 

Pensions, military, 149 

Perjury, defined, 219 

Personal estate, defined, 77 

Piracies and felonies, power of congress concerning, 128 

Pleadings, in justices' courts, 65 

Police courts and justices, 60 

Policy, insurance, defined, 89 

Political law, defined, 21, 27 

power, by whom exercised, 29-31 

Poll, defined, 32, 33 

Poll-list, how and by whom kept, . 32. 

Poll or capitation tax 76, 77, 133 

Polygamy, defined, 219 

Poor, overseers of. their duties, 58 

Postmaster-general, power and duties of, 149, 150 

Postmasters, appointment and duties of, 149, 150 

compensation of, 149, 150 

Post-offices and post roads, power to establish, 126 

Power of congress to lay and collect taxes, &c, 112-114 

to borrow money, 114 

to regulate commerce, 114-119 

in relation to naturalization and bankruptcy, 122-124 
to coin money, and regulate weights and 

measures, 124-125 

to punish counterfeiting, 125 

to establish post-offices, &c, 126 

to secure patents and copy-rights, 126, 127 

to define and punish piracies, felonies, &c, 128 

to declare war, 128 

to issue letters of marque and reprisal, 129 

to provide for the national defense, generally, 129, 130 

to legislate over the District of Columbia, 130 

to make all necessary and proper laws,, ....130; 131 



INDEX. 265 

Tower oi congress to declare punishment of treason, 155 

to admit new states, 158 

to dispose of and regulate territory and other 

public property, 159 

Powers prolrbited to congress, (see prohibitions on congress.).... 

Premium, defined, 89 

Prescription, right by, 183, 184 

President and vice-president, how chosen, 139-141 

President, powers and duties of, 143-147 

vacancy in office, how filled, 142 

power of, to fill vacancies, 146 

Principal and agent, responsibility of, 202, 205 

Printing, public, by whom and how done, 52 

Privateering, in what cases authorized, 233, 234 

Prizes in war, how disposed of, 234 

Prohibition on congress — 

to abolish the slave trade, 131, 132 

to suspend habeas corpus, 132, 133 

to pass bills of attainder, 133 

to pass ex post facto laws, 133 

in relation to taxation and commerce, 133, 134 

to grant titles of nobility, 135 

Prohibition on the states — 

to form treaties, alliances, &c 135 

to grant letters of marque and reprisal, 136 

to coin money, 136 

to emit bills of credit, 136 

to make anything but coin a tender,. 136 

to impair the obligation of contracts, 137 

to pass bills of attainder or ex post facto laws, 137 

to grant titles of nobility, 1 37 

to lay duties, 137, 138 

Promissory notes, rules concerning, 207-212 

Protective duties, nature of described, 116, 117 

Quarantine regulations 121 

Quorum, defined, „, 42 

Rail-roads, by what authority and how made, 84, 85 

Ratification of constitution by states, 162 

of treaties, 144 

Ratio of representation in congress, how ascertained, &c 105, 106 

Real estate, defined, 77 

of intestates, descent of, 179, 180 

Rebellion, defined 90, 91 

Recognizance, defined, , 69 

Recorder or register, county, duties of, .65 

Records, public, proving and effect of, 156, 157 

Registry of vessels, 120 

Religion, freedom in matters of, secured,, 163 

Representative, defined, ..... «. 27, 28 

Representatives, state, how apportioned and elected, 37-39 

qualifications of, 40 



2QQ GOVERNMENT CLASS BOOK 

Representatives in congress, how apportioned, , .... 103 

qualifications of, , 104, 105 

Reprieve and pardon, defined, and power to grant, 49, 143 

Reprisals, power to make, forbidden to states, 136 

Reprisals in war, 229, 230 

Republic, defined, 26 

Republican government, guarantied to the states, 159 

Respondent, defined, 69 

Revenue, defined, 80 

national, how raised, 112-114 

Revolution, causes of, 94-97 

Rhode Island, constitution of, 243 

Rights and liberty, defined, 18-20 

Rights of person and property, defined, 18. 19, 167 

Right of property, how acquired, 16, 177 

Right by prescription, 184-186 

Right of way, law concerning, 183, 184 

Right of waters, 183, 185 

Right of search, 230 

Riot, defined, and how suppressed, 220 

Roads, (see Highways.) „ 

Robbery, defined, 218 

Sc u ?ol funds, schools, &c • 79-82 

Sen W of weights and measures, duty of, 59 

Secretary of state, of state government, 5C 

Secretary of state of the United States, duties of, 148 

of the treasury, 148 

of the interior 149 

of war, 149 

of the navy, , 149 

Selectmen, duties of , 57 

Senate, state, how constituted, 38-40 

Senators and representatives, qualifications of, 40 

(See State Constitutions.) 

Senate of the United States, how formed, 108, 109 

qualifications of members of, Ill 

vacancies in, how filled, 110, 111 

Sergeant-at-anns, appointment and duties of, 42 

Servants, rights and liabilities of, 176, 177 

Sheriff and shire, origin of, , 53, 54 

powers and duties of, , 55 

Slander and libel, law concerning, 168, 16 9 

Slave trade, not to be prohibited before 1808, 131, 132 

declared piracy, 132 

Society, civil, defined, 17 

mankind fitted for,. 15-17 

South Carolina, constitution of, 258 

Sovereignty, defined, 24 

Speaker of house and senate, 41 

Specialty, defined, ', 233 

fcjpies in' war,, 23<* 



INDEX. 267 

eJLatfl and nation, defined, , 17 

State constitutions, synopsis of, 239-280 

State officers, executive, 50-52 

State records, effect and proof of, 156, 157 

State printer, appointment and business of,. 52 

Statute law, defined, 167 

Stocks, public, defined, 84 

Stratagems in war, 233 

Subpoena, nature and service of, 65 

Summons, suits commenced by, 64-66 

Superintendent of scbools, duties of, 52, 81 

Supervisors, board of, of whom composed, 54 

of towns, duties of, 54, 57 

of highways, duties of, 58 

Surveyor of county, 56 

Surveyor-general, duties of, * 52 

Swearing, profane, unlawful, 221 

Synopsis of the state constitutions, 239-280 

Taxation, power of congress in relation to, 112-114 

Taxes, assessment and collection of, , . . , 76-78 

how apportioned among the states, 106-107 

Tender, what lawful, 136 

Tennessee, constitution of, . . . , 266 

Testament, (see Wills and Testaments.) 

Texas, constitution of, 263 

Theocracy, defined, and government of, 24 

Town clerk, duties of, , 57 

Town officers, election and duties Oi,. . 56-59 

Towns and townships, organization and powers of, 53, 56 

Treason against states, defined, 217 

power of congress concerning, 155, 156 

attainder of, « 155 

Treasurer, of state, duties of, 51 

of county, 54, 55 

of towns,. 58 

Treaties, how and by whom made, 244 

by states prohibited, 135 

of peace, 237, 238 

Treaty, defined, 144 

Truces in war, 287 

Trustees of townships, power and duties of, 57 

jTunnage, duties, states prohibited to lay, 119, 120 

f Union, nature of the, '. 101-104 

Usury, defined, and forfeiture in case of, 215 

Vacancy, in legislature, how filled, 40 

in United States senate, how filled, 110 111 

Venire issuing of, 67 

Verdict, defined, and how rendered, 67 

Vermont, constitution of, 241 

Vessels, registry, and measurement of, 120 

Veto, defined, .-. 4i 



2gg GOVERNMENT CLASS BOCJL 

V T eto, in different states, (see State Constitutions.) , .. 

Villages, incorporation and government of, 61 

Virginia, constitution of, » ,.. 253 

Viva voce, voting by,. 34 

Voters, qualifications of, in different states, (see State Constitutions.) 

War, power of congress to declare, 128 

offensive and defensive, 228, 231 

causes and objects of, 228, 229 

reprisals in, 229, 23G 

alliances in, 230,231 

how declared, 231 

effect of, on the enemy's subjects, 232 

stratagems in, 233 

privateering and prizes, 233, 234 

truces in, a : 237 

Warrant, prosecution by, 69 

Weights and measures, , 69, 125 

Wills and testaments, 177, 179 

Wisconsin, censt'tutfoD of „ „ v ».. ..-, .-.„, 275 



SUPPLEMENTARY NOTES AND CORRECTIONS. 



Since this work was written, in 1859, the matter in the several sec- 
Lions referred to below has been affected by acts of the National and 
State Governments. 

Chapter XXIX., § 13. Another census was taken in 1860, and a new 
apportionment made in 1862. The ratio of representation was fixed at 
121,000, making no material change in the number of representatives. 
The seceded States were included. Several new States have been ad- 
mitted since 1859. 

Chap. XLL, §§ 11, 12, 13. Later acts of Congress require a more 
frequent advertising of letters and transmission of dead letters to the 
Geneial Post-Office than was done formerly. Instead of compensation 
from commission on postages, Postmasters, under a late law, receive 
fixed saiaries, the amount of which is varied by the amount of receipts 
for postage at their offices. The franking privilege of Postmasters has 
been abolished. Members of Congress may send, but not receive, matter 
free. 

Chap. XLW., § 5. The laws for returning fugitive slaves have been 
repealed by act of Congress. During the rebellion, slavery, in most 
of the States, was, as a war measure, declared abolished, by proclama- 
tion of the Piwsident of the United States. 

Chap. LXL, § 10. The high rates of extra interest formerly allowed 
in some of the uewcr States, by special agreement, have been either 
greatly reduced or entirely prohibited. 



